Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/26

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 6 :(a) by any police officer to the Department of Justice and other police officers for the purpose of preventing and suppressing acts or activities endangering national security; and
 * (b) by any police officer to the authorities or persons responsible for investigating or preventing acts or activities endangering national security, or handling the disclosure of knowledge or suspicion that any property is offence related property, of any place outside Hong Kong which the police officer considers appropriate, for the purpose of preventing and suppressing acts or activities endangering national security.

(6) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of $50,000 and to imprisonment for 3 months.

(7) A person who contravenes subsection (4) commits an offence and is liable on conviction on indictment to a fine and to imprisonment for 3 years.

(8) In proceedings against a person for an offence under subsection (7), it is a defence to prove—
 * (a) that the person did not know or suspect that the disclosure concerned was likely to be prejudicial in the way referred to in subsection (4); or
 * (b) that the person had lawful authority or reasonable excuse for making that disclosure.

6. Applications for restraint orders and charging orders

(1) The Secretary for Justice or an authorized officer may make an application to the Court of First Instance for a restraint order or charging order, subject to the following conditions—