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National Security Law │ Freeze and confiscate property without warrant in three cases apply outside Hong Kong

2020-07-07T14:23:18.422Z


The implementation rules for Article 43 of the "National Security Act of the Minato City" are officially gazetted at 10 pm, and more details of the implementation will be announced. It stipulates that when investigating national security crimes, the police may enter a place without a magistrate's warrant to search for evidence, including suspecting that there is specified evidence in that place. If the Security Bureau suspects that a property is related to crimes against national security, it may freeze, restrict, confiscate and confiscate the relevant property at the application of the Secretary for Justice. The "Implementation Rules" set out that the money or reward received for committing a national security crime is a profit from the crime, even if the act was carried out before the schedule became effective. The definition of "crime-related property" applies to property outside Hong Kong.


Political situation

Author: Zheng Rongdi

2020-07-07 00:29

Last update date: 2020-07-07 00:30

The implementation rules for Article 43 of the "National Security Act of the Minato City" are officially gazetted at 10 pm, and more details of the implementation will be announced. It stipulates that when investigating national security crimes, the police may enter a place without a magistrate's warrant to search for evidence, including suspecting that there is specified evidence in that place.

If the Security Bureau suspects that a property is related to crimes against national security, it may freeze, restrict, confiscate and confiscate the relevant property at the application of the Secretary for Justice. The "Implementation Rules" set out that the money or reward received for committing a national security crime is a profit from the crime, even if the act was carried out before the schedule became effective. The definition of "crime-related property" applies to property outside Hong Kong.

Three cases can enter the house without warrant

The police may apply to the magistrate after receiving a crime against the national security issued by oath, requesting the magistrate to issue a warrant under this section for the place specified in the report. In the third section of Schedule 1 of the Implementation Rules of Article 43 of the National Security Law of the Minato District, the police are authorized to enter the local area to search for evidence without a magistrate's warrant in three cases.

A) There are reasonable grounds to suspect that there is any specified evidence in a certain place;

B) There are reasonable grounds for believing that the evidence is necessary to detect national security crimes, obtain evidence of crimes, and protect anyone's personal safety;

C) It is not reasonably practicable to obtain warrants for reasons.

"Crime-related property" applies to departure assets

In addition, if the Security Bureau has reasonable grounds to suspect that a property is related to crimes against national security, it may order the freezing, restriction, confiscation and confiscation of the crime-related property at the application of the Secretary for Justice. According to the "Implementation Rules", "offence related property" includes the following two points:

1. The property of anyone who commits or attempts to commit crimes against national security, or anyone who participates in or assists in committing crimes against national security;

2. Any property intended or used to finance or otherwise assist in committing crimes against national security.

Article 1(4) of Schedule 3 of the Regulations states that "Any person receives any money at any time (whether before or after the entry into force of this Schedule) for committing a crime that endangers national security Or other rewards, it is a profit from the crime." This means that property acquired by citizens, political parties, and organizations before the entry into force of the National Security Law may also be regarded as "crime-related property". In addition, the "Rules" also wrote that the schedule applies to property in Hong Kong and elsewhere.

The defendant may be confiscated if he absconds for more than half a year

In the rules for freezing property, if the Secretary for Security has reasonable grounds to suspect that any property held by a person is crime-related property, he may instruct anyone not to deal with the property. If the Secretary for Security reasonably suspects that the property will be transferred from Hong Kong, he may instruct police officers to seize the property. If the authorities have instituted legal proceedings against the defendant for a national security crime, but the defendant died or absconded for more than 6 months before the legal proceedings ended, the Secretary for Justice may apply to the court for a property confiscation order.

National Security Law Enforcement Rules Released, Police Major Expansion of Power Can "Close the Net" to Prevent the Dissemination of Information That Endangers National Security

The Hong Kong version of the National Security Law 〡National Security Council first meeting, all members took a group photo with Luo Huining

The National Security Council held its first meeting, which was attended by all members, including Luo Huining, a national security adviser (second from left in the front row). (Government Information Service)

Hong Kong version of the National Security Law

Source: hk1

All news articles on 2020-07-07

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