Hong Kong Ordinances

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE - SECT 20

Application for emergency authorization for interception or Type 1 surveillance in case of emergency

Division 4—Emergency Authorizations

Issue of emergency authorizations

(1) An officer of a department may apply to the head of the department for the
issue of an emergency authorization for any interception or
Type 1 surveillance to be carried out by or on behalf of any of the officers
of the department, if he considers that—

   (a)  there is immediate need for the interception or Type 1  surveillance
        to be carried out 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 public 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 for the issue of a judge's
        authorization for the interception or Type 1 surveillance.

(2) The application is—

   (a)  to be made in writing; and

   (b)  to be supported by a statement in writing made by the applicant which
        is to—

        (i)    set out the reason for making the application; and

        (ii)   comply with the requirements specified in Part 1 or 2 of
               Schedule 3 (as may be applicable) which are to apply to the
               statement as they apply to an affidavit referred to in
               section 8(2)(b).