Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/12

Implementation Rules for Article 43 of the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region Schedule 2 Section 3 (8) The period of 6 months referred to in subsections (4) and (7) may be extended for a further period of 3 months if a magistrate, on application by the police officer, is satisfied that the investigation could not reasonably have been completed before the date of such application and authorizes such extension. However, a magistrate must not hear an application under this subsection unless reasonable notice of the application has been given by the police officer to the person to whom the relevant notice is addressed.

(9) All proceedings before a magistrate under this section must be conducted in chambers.

(10) A notice under subsection (1) which has been served in accordance with subsection (2) and complied with must not be revoked or withdrawn.

3. Return of travel documents

(1) A person who has surrendered a travel document under section 2 of this Schedule may at any time make application in writing, either to the Commissioner of Police or to a magistrate or both for its return, and every such application must contain a statement of the grounds on which it is made.

(2) A magistrate must not consider an application made under subsection (1) unless the magistrate is satisfied that reasonable notice in writing of it has been given to the Commissioner of Police.

(3) The Commissioner of Police or a magistrate may only grant an application made under subsection (1) if the Commissioner of Police or the magistrate, as the case may be, is satisfied that having regard to all the circumstances, including the interests of the investigation referred to in section 2(1) of this Schedule, a refusal to grant the