Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/73

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 6—Part 2—Division 2 Section 9 Division 2—Emergency Authorization 9. Emergency authorization for interception or Type 1 surveillance in case of emergency

(1) An officer of the Police Force may apply to the Commissioner of Police for the issue of an emergency authorization for interception or Type 1 surveillance to be conducted, if the officer considers that—
 * (a) there is immediate need for the interception or Type 1 surveillance to be conducted by reason of an imminent risk of—
 * (i) death or serious bodily harm of any person;
 * (ii) substantial damage to property;
 * (iii) serious threat to national security; or
 * (iv) loss of vital evidence; and
 * (b) having regard to all the circumstances of the case, it is not reasonably practicable to apply in writing for the issue of a Chief Executive's authorization under section 4 of this Schedule.

(2) The Commissioner of Police may, on considering whether subsection (1)(a) and (b) applies, and whether the application has met the conditions under section 2 of this Schedule—
 * (a) (if satisfied that the subsection is applicable and the conditions have been met) issue the emergency authorization sought under the application, with or without variations; or
 * (b) refuse to issue the emergency authorization.

(3) When issuing the emergency authorization, the Commissioner of Police must specify the duration (which in any case is not to begin at a time earlier than the time