Hong Kong Ordinances

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE - SECT 25

Oral application and its effect

Division 5—Special Provisions for Oral Applications

Oral applications

(1) Notwithstanding the relevant written application provision, an application
for the issue or renewal of a prescribed authorization under this Ordinance
may be made orally, if the applicant considers that, having regard to all the
circumstances of the case, it is not reasonably practicable to make the
application in accordance with the relevant  written application provision.

(2) Notwithstanding the relevant determination provision and without prejudice
to the relevant conditions provision, where an oral  application is made, the
relevant authority shall not issue or grant the prescribed authorization or
renewal sought under the application unless he is satisfied that, having
regard to all the circumstances of the case, it is not reasonably practicable
to make the application in accordance with the
relevant written application provision.

(3) Notwithstanding the relevant document provision, where an oral 
application is made, the information required to be provided for the purposes
of the application under the relevant document provision may be provided
orally (and accordingly any requirement as to the making of any affidavit or
statement does not apply).

(4) Notwithstanding the relevant written determination provision, where an
oral application is made, the relevant authority may deliver the determination
required to be delivered in respect of the application under the
relevant determination provision by—

   (a)  issuing the prescribed authorization or the renewed prescribed 
        authorization orally; or

   (b)  where he refuses to issue or grant the prescribed authorization or
        renewal sought under the application, giving the reason for the
        refusal orally.

(5) Except as otherwise provided in this Division, any oral  application and
any prescribed authorization or renewal issued or granted as a result of that
application are for all purposes regarded as having the same effect
respectively as an application made in writing and a prescribed authorization
or renewal issued or granted as a result of that application, and the
provisions of this Ordinance are, subject to necessary modifications, to apply
accordingly.

(6) In this section—

"relevant conditions provision" (有關條件條文) means section 9(2),
12(2), 15(2), 18(2) or 21(2) (as may be applicable);

"relevant determination provision" (有關決定條文) means section 9(1),
12(1), 15(1), 18(1) or 21(1) (as may be applicable);

"relevant document provision" (有關文件條文) means section 8(2)(b),
11(2)(b), 14(2)(b), 17(2)(b) or 20(2)(b) (as may be applicable);

"relevant written application provision" (有關書面申請條文) means
section 8(2)(a), 11(2)(a), 14(2)(a), 17(2)(a) or 20(2)(a) (as may be
applicable);

"relevant written determination provision" (有關書面決定條文) means
section 9(3), 12(3), 15(3), 18(3) or 21(3) (as may be applicable).

"relevant conditions provision" (有關條件條文)

"relevant determination provision" (有關決定條文)

"relevant document provision" (有關文件條文)

"relevant written application provision" (有關書面申請條文)

"relevant written determination provision" (有關書面決定條文)