Hong Kong Ordinances

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE - SECT 24

Determination of application for confirmation of emergency authorization

(1) Upon considering an application for confirmation of an
emergency authorization as provided for in section 23(1), the panel judge may,
subject to subsection (2)—

   (a)  confirm the emergency authorization; or

   (b)  refuse to confirm the emergency authorization.

(2) The panel judge shall not confirm the emergency authorization unless he is
satisfied that section 21(2)(b) has been complied with in the issue of the
emergency authorization.

(3) Where the panel judge refuses to confirm the emergency  authorization
under subsection (1)(b), he may make one or more of the following orders—

   (a)  in any case where the emergency authorization still has effect at the
        time of the determination, an order that the emergency  authorization
        is, notwithstanding any other provision of this Ordinance—

        (i)    to be revoked upon the making of the determination; or

        (ii)   only to have effect subject to the variations specified by him,
               from the time of the determination;

   (b)  in any case whether or not the emergency authorization still has
        effect at the time of the determination, an order that the head of the
        department concerned shall cause the immediate destruction of—

        (i)    subject to subparagraph (ii), any information obtained by
               carrying out the interception or Type 1 surveillance concerned;
               or

        (ii)   where paragraph (a)(ii) applies, any information obtained by
               carrying out the interception or Type 1 surveillance concerned
               that is specified in the order.

(4) Where the emergency authorization is revoked under subsection

(3)(a)(i), the emergency authorization is, notwithstanding section  22 (1)(b),
to cease to have effect from the time of the revocation.

(5) The panel judge shall deliver his determination under subsection (1) by—

   (a)  in the case of subsection (1)(a), endorsing his confirmation on the
        emergency authorization in writing; or

   (b)  in the case of subsection (1)(b), giving the reason for the refusal
        and making any order under subsection (3) in writing.