Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/53

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 4 Section 12 :(b) it is necessary to remove the message from the platform to safeguard national security, the magistrate may issue a warrant authorizing a police officer to seize an electronic device of the person, and to take any reasonably necessary action on the device, for removing the message from the platform.

12. Non-compliance of service provider

(1) If a service provider fails to comply with a requirement issued under section 7 or 9(3) of this Schedule, the service provider commits an offence and is liable on conviction on indictment to a fine of $100,000 and to imprisonment for 6 months.

(2) It is a defence for a service provider charged under subsection (1) for a failure to comply with a requirement issued under section 7 of this Schedule to show that the service provider had a specified excuse for the failure.

(3) A defendant is to be taken to have shown that the defendant had a specified excuse for the failure to comply with a requirement issued under section 7 of this Schedule if—
 * (a) sufficient evidence is adduced to raise an issue that the defendant had such an excuse; and
 * (b) the contrary is not proved by the prosecution beyond reasonable doubt.

(4) For the purposes of this section, a service provider had a specified excuse for a failure to comply with a requirement if it was not reasonable to expect the service provider to comply with the requirement because—
 * (a) the technology necessary for complying with the requirement was not reasonably available to the service provider; or