Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/28

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 (3) An application for the discharge or variation of a restraint order or charging order may be made by any person affected by it to the Court of First Instance. The Court of First Instance must not grant the application unless it is satisfied that it is reasonable in all the circumstances of the case to do so.

(4) A police officer may, by notice in writing served on a person who holds any realisable property the subject of a restraint order or charging order, require the person to deliver to the police officer, to the extent that it is reasonably practicable to do so, documents, or copies of documents, or any other information (in whatever form), in the person’s possession or control which may assist the police officer to determine the value of the property.

(5) A person who receives a notice under subsection (4) must, as soon as is reasonably practicable after receipt of the notice, comply with the notice to the extent that it is reasonably practicable to do so taking into account the nature of the realisable property concerned.

(6) Any person who contravenes subsection (5) commits an offence and is liable on conviction to a fine of $50,000 and to imprisonment for 1 year.

(7) A person who knowingly deals in any realisable property in contravention of a restraint order or charging order commits an offence.

(8) A person who commits an offence under subsection (7) is liable on conviction on indictment to a fine of $500,000 or to the value of the realisable property the subject of the restraint order or charging order concerned which has been dealt with in contravention of that order, whichever is the greater, and to imprisonment for 5 years.