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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

Issuing body: Chief Executive in conjunction with the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region
Hosting body: Legislative Council of the Hong Kong Special Administrative Region
Publication date: 2026-03-23
Retrieved: 2026-08-09T23:32:16+10:00
Document type: regulation
Evidence tier: THIRD-PARTY REPORTED
Content hash: sha256:409c3acb01c81a53a4ffac029c7a63ffb40919bf8979416fea64864d680b104a
Copies: Official document · Archived copy

Supported claims

The 2026 amendments to Instrument A303 commenced on 23 March 2026.

Location: Rule 1, Editorial Note, PDF page 6

For the commencement arrangements under the subsequent amendments to these Implementation Rules, please see L.N. 166 of 2023 (commencement date: 15 December 2023) and L.N. 27 of 2026 (commencement date: 23 March 2026).

Attached to: Article: hong-kong-device-password-law

A police officer exercising the electronic-equipment search power may require a specified person to provide a necessary password or decryption method.

Location: Schedule 1, Part 1, section 4(2)(a), PDF page 11

(a) require a specified person to provide the police officer with any password, or other decryption method, that is necessary;

Attached to: Article: hong-kong-device-password-law

The same power may require other reasonable and necessary information or assistance.

Location: Schedule 1, Part 1, section 4(2)(b), PDF page 11

(b) require a specified person to provide the police officer with any other reasonable and necessary information or assistance,

Attached to: Article: hong-kong-device-password-law

Failure to comply can result in a HK$100,000 fine and one year of imprisonment on conviction on indictment.

Location: Schedule 1, Part 1, section 5(1), PDF page 12

If a person fails to comply with a requirement imposed under section 4(2) of this Schedule, the person commits an offence and is liable on conviction on indictment to a fine of $100,000 and to imprisonment for 1 year.

Attached to: Article: hong-kong-device-password-law

A person charged with the noncompliance offence may establish a defence by showing a reasonable excuse for failing to comply.

Location: Schedule 1, Part 1, section 5(3), PDF page 12

It is a defence for a person charged with an offence under subsection (1) to establish that the person had a reasonable excuse for failing to comply with the requirement.

Attached to: Article: hong-kong-device-password-law

Knowingly or recklessly providing materially false or misleading information can result in a HK$500,000 fine and three years of imprisonment on conviction on indictment.

Location: Schedule 1, Part 1, section 6, PDF page 13

(a) provides any information, or makes a statement, that the person knows to be false or misleading in a material particular; or (b) recklessly provides any information, or recklessly makes a statement, that is false or misleading in a material particular, the person commits an offence and is liable on conviction on indictment to a fine of $500,000 and to imprisonment for 3 years.

Attached to: Article: hong-kong-device-password-law

The ordinary warrant route requires a police officer to apply to a magistrate by information on oath.

Location: Schedule 1, Part 1, section 2(1), PDF page 8

A police officer may, for investigation of an offence endangering national security, apply to a magistrate by information on oath for a warrant under this section.

Attached to: Article: hong-kong-device-password-law

The section 3(1) warrantless route requires satisfaction by a police officer not below the rank of Assistant Commissioner.

Location: Schedule 1, Part 1, section 3(1), PDF page 10

If a police officer not below the rank of Assistant Commissioner of Police is satisfied that

Attached to: Article: hong-kong-device-password-law

The section 3(1) warrantless route also requires that obtaining a warrant would not be reasonably practicable.

Location: Schedule 1, Part 1, section 3(1)(c), PDF page 10

for any reason it would not be reasonably practicable to obtain a warrant, the police officer, or another police officer authorized by the police officer, may exercise one or more of the powers under section 2(3) of this Schedule for investigation of an offence endangering national security without a warrant.

Attached to: Article: hong-kong-device-password-law

Rule 2(3) adds Customs and Excise Service members to the officials who may exercise Schedule 3 property freezing, restraint, confiscation, and forfeiture powers.

Location: Rule 2(3), PDF page 6

The Secretary for Justice, the Secretary for Security, a member of the Customs and Excise Service or a police officer may, in accordance with Schedule 3, exercise the power to freeze, restrain, confiscate and forfeit property relating to the commission of an offence endangering national security.

Attached to: Article: hong-kong-device-password-law