Hong Kong Ordinances

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE - SECT 29

What a prescribed authorization may authorize or require under or by virtue of its terms, etc.

Division 6—General Provisions for Prescribed Authorizations

Matters authorized, required or provided for by prescribed authorizations

(1) A prescribed authorization for interception may—

   (a)  in the case of a postal interception, contain terms that authorize one
        or both of the following—

        (i)    the interception of communications made to or from any premises
               or address specified in the prescribed authorization;

        (ii)   the interception of communications made to or by any person
               specified in the prescribed authorization (whether by name or
               by description); or

   (b)  in the case of a telecommunications interception, contain terms that
        authorize one or both of the following—

        (i)    the interception of communications made to or from any
               telecommunications service specified in the
               prescribed authorization;

        (ii)   the interception of communications made to or from any
               telecommunications service that any person specified in the
               prescribed  authorization (whether by name or by description)
               is using, or is reasonably expected to use.

(2) A prescribed authorization for covert surveillance may contain terms that
authorize one or more of the following—

   (a)  the use of any surveillance devices in or on any premises specified in
        the prescribed authorization;

   (b)  the use of any surveillance devices in or on any object or class of
        objects specified in the prescribed authorization;

   (c)  the use of any surveillance devices in respect of the conversations,
        activities or location of any person specified in the
        prescribed authorization (whether by name or by description).

(3) A prescribed authorization, other than an executive  authorization, may
contain terms that authorize the doing of anything reasonably necessary to
conceal any conduct authorized or required to be carried out under the
prescribed authorization.

(4) A prescribed authorization, other than an executive  authorization, may,
if it is reasonably necessary for the execution of the
prescribed authorization, contain terms that authorize the interference with
any property (whether or not of any person who is the subject of the
interception or covert surveillance concerned).

(5) A prescribed authorization, other than an executive  authorization, may
contain terms that require any person specified in the
prescribed authorization (whether by name or by description), on being shown a
copy of the prescribed authorization, to provide to any of the officers of the
department concerned such reasonable assistance for the execution of the
prescribed authorization as is specified in the prescribed authorization.

(6) A prescribed authorization for interception also authorizes—

   (a)  the installation, use and maintenance of any devices required to be
        used in order to intercept any of the communications authorized to be
        intercepted under the prescribed authorization;

   (b)  the entry, by the use of reasonable force if necessary, onto any
        premises in order to carry out any conduct authorized or required to
        be carried out under the prescribed authorization;

   (c)  the incidental interception of any communication which necessarily
        arises from the interception of communications authorized to be
        carried out under the prescribed authorization; and

   (d)  where subsection (1)(a)(ii) or (b)(ii) is applicable, the provision to
        any person, for the execution of the prescribed  authorization, of
        particulars of the addresses, numbers, apparatus or other factors, or
        combination of factors, that are to be used for identifying—

        (i)    in the case of subsection (1)(a)(ii), the communications made
               to or by the person specified in the prescribed authorization;
               or

        (ii)   in the case of subsection (1)(b)(ii), the communications made
               to or from any telecommunications service that the person
               specified in the prescribed authorization is using, or is
               reasonably expected to use.

(7) A prescribed authorization for covert surveillance also authorizes—

   (a)  where subsection (2)(a) is applicable—

        (i)    the installation, use and maintenance of any of the
               surveillance devices authorized to be used under the
               prescribed  authorization in or on the premises specified in
               the prescribed  authorization; and

        (ii)   in the case of Type 1 surveillance, the entry, by the use of
               reasonable force if necessary, onto the premises, and onto any
               other premises adjoining or providing access to the premises,
               in order to carry out any conduct authorized or required to be
               carried out under the prescribed authorization;

   (b)  where subsection (2)(b) is applicable—

        (i)    the installation, use and maintenance of any of the
               surveillance devices authorized to be used under the
               prescribed  authorization in or on the object, or an object of
               the class, specified in the prescribed authorization; and

        (ii)   in the case of Type 1 surveillance, the entry, by the use of
               reasonable force if necessary, onto any premises where the
               object, or an object of the class, is reasonably believed to be
               or likely to be, and onto any other premises adjoining or
               providing access to the premises, in order to carry out any
               conduct authorized or required to be carried out under the
               prescribed authorization; and

   (c)  where subsection (2)(c) is applicable—

        (i)    the installation, use and maintenance of any of the
               surveillance devices authorized to be used under the
               prescribed  authorization in or on any premises where the
               person specified in the prescribed authorization is reasonably
               believed to be or likely to be; and

        (ii)   in the case of Type 1 surveillance, the entry, by the use of
               reasonable force if necessary, onto the premises, and onto any
               other premises adjoining or providing access to the premises,
               in order to carry out any conduct authorized or required to be
               carried out under the prescribed authorization.