Safeguarding National Security Ordinance
Part 7—Division 1
Ord. No. 6 of 2024
Section 80
A659
(2) A police officer of the rank of Chief Superintendent or above or a police officer authorized by that officer may, by ex parte application supported by information on oath, apply to a magistrate for the issue by the magistrate of a warrant in relation to the person under this section.
(3) If the magistrate hearing the application is satisfied that—
- (a) if the person has not been arrested—
- (i) there are reasonable grounds to suspect that the person has committed the offence;
- (ii) there are reasonable grounds to believe that the person is about to be arrested; and
- (iii) there are reasonable grounds to believe that the circumstances specified in subsection (4) exist; or
- (b) if the person has been arrested—there are reasonable grounds to believe that the circumstances specified in subsection (4) exist,
the magistrate may issue a warrant authorizing a police officer to restrict the person’s consultation with a legal representative during the period of detention of the person in police custody within the period of 48 hours after the person’s arrest (specified period).
(4) The circumstances are—
- (a) the person’s consultation with a legal representative during the specified period will endanger national security or cause bodily harm to any person;
- (b) the person has benefited from the offence, and the person’s consultation with a legal representative during the specified period will hinder the recovery of the benefit unless the authorization is given; or
