Hong Kong Ordinances

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE - SECT 26

Application for confirmation of prescribed authorization or renewal issued or granted upon oral application

Application for confirmation of prescribed authorizations or renewals issued
or granted upon oral applications

(1) Where, as a result of an oral application, the prescribed  authorization
or renewal sought under the application has been issued or granted, the head
of the department concerned shall cause an officer of the department to apply
to the relevant authority for confirmation of the prescribed authorization or
renewal, as soon as reasonably practicable after, and in any event within the
period of 48 hours beginning with, the time when the prescribed authorization
or renewal is issued or granted.

(2) The application is—

   (a)  to be made in writing; and

   (b)  to be supported by—

        (i)    a record in writing containing all the information that would
               have been provided to the relevant authority in writing under
               the relevant  written application provision had the
               oral application been made in writing;

        (ii)   where section 25(3) applies in relation to the oral 
               application— (A) where the relevant authority is a
               panel judge, an affidavit of the applicant which is to verify
               all the information provided pursuant to that section for the
               purposes of the oral application; or (B) where the
               relevant authority is not a panel judge, a statement in writing
               made by the applicant setting out all the information provided
               pursuant to that section for the purposes of the
               oral application; and

        (iii)  where section 25(4) applies in relation to the oral 
               application, a record in writing setting out the determination
               delivered pursuant to that section in respect of the
               oral application.

(3) In default of any application being made for confirmation of the
prescribed authorization or renewal within the period of 48 hours referred to
in subsection (1), then—

   (a)  in any case where the prescribed authorization or renewal still has
        effect upon the expiration of the period, the prescribed authorization
        or renewal is, notwithstanding any other provision of this Ordinance,
        to be regarded as revoked upon the expiration of the period; and

   (b)  in any case whether or not the prescribed authorization or renewal
        still has effect upon the expiration of the period, the head of the
        department concerned shall—

        (i)    cause the immediate destruction of any information obtained by
               carrying out the interception or covert surveillance concerned;
               and

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

(4) Where the prescribed authorization or renewal is regarded as revoked under
subsection (3)(a), the prescribed authorization or renewal is, notwithstanding
the relevant duration provision, to cease to have effect from the time of the
revocation.

(5) If, at the time of an application for confirmation of the
prescribed authorization or renewal as provided for in subsection (1), the
relevant authority is no longer holding his office or performing the relevant
functions of his office—

   (a)  without prejudice to section 54 of the Interpretation and 
        General Clauses Ordinance ( Cap 1), the reference to
        relevant authority in that subsection includes the person for the time
        being appointed as a panel judge or authorizing officer (as the case
        may be) and lawfully performing the relevant functions of the office
        of that relevant  authority; and

   (b)  the provisions of this section and section 27 are to apply
        accordingly.

(6) In this section—

"relevant duration provision" (有關時限條文) means section 10(b), 13(b),
16(b) or 19(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 duration provision" (有關時限條文)

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