Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/74

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 10 when the authorization is issued). The authorization ceases to have effect on the expiry of the duration (which is not to be longer than the period of 48 hours beginning with the time when the authorization is issued).

(4) An emergency authorization may not be renewed under this Schedule.

10. Confirmation of emergency authorization

(1) Where an interception or Type 1 surveillance is conducted pursuant to an emergency authorization, the Commissioner of Police must cause an officer of the Police Force to make an application to the Chief Executive in writing, supported by a written statement by the applicant, for confirmation of the authorization, as soon as reasonably practicable after, and in any event within the period of 48 hours beginning with, the time when the authorization is issued.

(2) In default of any application being made for confirmation of the emergency authorization within the period of 48 hours referred to in subsection (1), the Commissioner of Police must cause the immediate destruction of any information obtained by conducting the interception or Type 1 surveillance concerned.

(3) If there is an application under subsection (1), the Chief Executive may, on considering whether the application has met the conditions under section 2 of this Schedule—
 * (a) (if satisfied that the conditions have been met) confirm the emergency authorization in writing, with or without variations or new conditions; or
 * (b) refuse to confirm the emergency authorization, giving the reason for the refusal in writing.