Hong Kong Ordinances

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE - SECT 28

Special case of emergency authorization issued as a result of oral application

(1) Where an emergency authorization is issued as a result of an
oral application, sections 26 and 27 do not apply if—

   (a)  an application for confirmation of the emergency authorization as
        provided for in section 23(1) has been made to a panel judge within
        the period of 48 hours referred to in that section; and

   (b)  the application is supported by—

        (i)    a record referred to in section 26(2)(b)(i);

        (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 or, where section  25 (3) applies in
               relation to the oral application, all the information provided
               pursuant to section 25(3) for the purposes of the oral 
               application; and

        (iii)  a copy of the emergency authorization or, 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.

(2) Notwithstanding section 23(2)(b), the application described in subsection
(1)(a) and (b) is for all purposes regarded as an application duly made for
confirmation of the emergency authorization as provided for in section 23(1),
and the provisions of this Ordinance are to apply accordingly (subject to
section 24(5)(a) being read as requiring the panel  judge to deliver his
determination under section 24(1) by issuing the emergency authorization
(being the emergency authorization confirmed under section 24(1)(a)) in
writing).