Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/50

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 4—Part 3 Section 9 Part 3 Requirements to Provide Identification Record or Decryption Assistance for Electronic Message 9. Power to make requirements

(1) A magistrate may issue a warrant authorizing a police officer to exercise the power specified in subsection (3) if the magistrate is satisfied by information on oath that—
 * (a) there is reasonable ground for suspecting that—
 * (i) a person has published an electronic message on an electronic platform;
 * (ii) the publication is likely to constitute an offence endangering national security or is likely to cause the occurrence of an offence endangering national security; and
 * (iii) a service provider has in its possession, custody or control an identification record for the message, or may provide decryption assistance in respect of the message; and
 * (b) it is necessary to obtain the record or assistance from the service provider for the investigation, containment or prevention of the offence.

(2) However, a specified police officer or a police officer authorized by the specified police officer may exercise the power specified in subsection (3) without warrant if the specified police officer is satisfied that—
 * (a) there is reasonable ground for suspecting that—
 * (i) a person has published an electronic message on an electronic platform;