Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/32

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 9 (2) Where subsection (1)(a) is applicable, the court must first impose on the defendant such period of imprisonment or detention (if any) as is appropriate and make such order or orders (other than a confiscation order) in relation to sentence as is appropriate in accordance with the laws of Hong Kong.

(3) Where subsection (1)(b) is applicable, the court must first be satisfied that—
 * (a) the defendant has died; or
 * (b) the defendant has absconded for not less than 6 months, and—
 * (i) if the exact whereabouts of the defendant are known—reasonable steps have been taken to give notice to that defendant and to obtain the return of that defendant to Hong Kong but have been unsuccessful; or
 * (ii) if the exact whereabouts of the defendant are not known—reasonable steps have been taken to ascertain the defendant’s whereabouts and notice of those proceedings, addressed to that defendant, has been published in a Chinese language newspaper, and an English language newspaper, circulating generally in Hong Kong,

and the court, having regard to all relevant matters before it, is also satisfied that the defendant could have been convicted in respect of the offence concerned.

(4) The court must then determine whether the defendant has benefited from the offence endangering national security of which the defendant is convicted or could have been convicted.