Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/15

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 4 4. Permission to leave Hong Kong

(1) Without prejudice to section 3 of this Schedule, a person on whom a notice under section 2(1) of this Schedule is served may at any time make application in writing to the Commissioner of Police or to a magistrate or both for permission to leave Hong Kong, 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 application would cause unreasonable hardship to the applicant.

(4) Before an application is granted under this section—
 * (a) the applicant may be required to—
 * (i) deposit such reasonable sum of money with such person as may be specified;
 * (ii) enter into such recognizance with such sureties, if any, as may be specified; or
 * (iii) deposit such a sum of money and enter into such a recognizance as may be specified;