Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/22

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 3 Section 3 (2) If the Secretary for Security ceases to have reasonable grounds to suspect that the property specified in the notice, or part of the property, is offence related property, or the Court of First Instance has granted an application under section 4(1) of this Schedule which relates to the property or part of the property, then the Secretary must, as soon as is reasonably practicable, by notice in writing revoke the notice or a relevant part of it.

(3) Subject to subsection (4), the validity period of the notice must not exceed 2 years unless an application for restraint order, charging order, confiscation order or forfeiture order has been made in relation to the property, and the application is pending.

(4) The Secretary for Security may make an application to the Court of First Instance for extending the validity period of the notice mentioned in subsection (3). The Court of First Instance must not grant the extension unless it is satisfied that the investigation of the offence endangering national security, to which the notice relates, could not reasonably have been completed before the expiry of the validity period of the notice. An extension must not exceed such time as is reasonably necessary for the conduct of the investigation (the Secretary may further apply for extension if necessary).

(5) The notice must be served on the person holding the property concerned (recipient) and must require the recipient to send a copy of the notice without delay to each person, if any, whose property it is, or for or on behalf of whom the property is held.