Hong Kong Ordinances

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE - SECT 23

Application for confirmation of emergency authorization

Application for confirmation of emergency authorizations

(1) Where any interception or Type 1 surveillance is carried out pursuant to
an emergency authorization, the head of the department concerned shall cause
an officer of the department to apply to a panel  judge for confirmation of
the emergency authorization, as soon as reasonably practicable after, and in
any event within the period of 48 hours beginning with, the time when the
emergency authorization is issued.

(2) The application is—

   (a)  to be made in writing; and

   (b)  to be supported by—

        (i)    a copy of the emergency authorization; and

        (ii)   an affidavit of the applicant which is to verify the contents
               of the statement provided under section 20(2)(b) for the
               purposes of the application for the issue of the
               emergency authorization.

(3) 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 head of the department concerned shall—

   (a)  cause the immediate destruction of any information obtained by
        carrying out the interception or Type 1 surveillance concerned; and

   (b)  without prejudice to section 54, submit to the Commissioner a report
        with details of the case.