Page:Safeguarding National Security Ordinance.pdf/130

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Safeguarding National Security Ordinance

Part 7—Division 2
Ord. No. 6 of 2024
Section 89
A675

Division 2—Absconders in respect of Offences Endangering National Security

Subdivision 1—Specification of Relevant Absconders

89. Power of Secretary for Security to specify an absconder for application of certain measures against the absconder

(1) If the Secretary for Security reasonably believes that it is necessary for safeguarding national security to specify a person to which this subsection applies for the purposes of subsection (4), the Secretary for Security may, by notice published in the Gazette, specify the person for the purposes of that subsection.

(2) Subsection (1) applies to a person if—

(a) a Court has issued, in relation to an offence endangering national security, a warrant to arrest the person;
(b) reasonable steps have been taken to inform the person of the issue of the warrant, or the Secretary for Security reasonably believes that the person knew of the issue of the warrant;
(c) the person has not been brought before a judge or magistrate (as the case may be); and
(d) the Secretary for Security reasonably believes that the person is not in the HKSAR.

(3) The Secretary for Security must revoke a specification made in relation to a person under subsection (1) if—

(a) the warrant mentioned in subsection (2)(a) in respect of the person has been revoked; or
(b) the person has been brought before a judge or magistrate (as the case may be).