Hong Kong Ordinances

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE - SECT 34

Determination of application for device retrieval warrant

(1) Upon considering an application for the issue of a device 
retrieval warrant made under section 33, the panel judge may, subject to
subsection (2)—

   (a)  issue the device retrieval warrant sought under the application, with
        or without variations; or

   (b)  refuse to issue the device retrieval warrant.

(2) The panel judge shall not issue the device retrieval warrant unless he is
satisfied that section 33(1)(a) and (b) applies to the devices concerned.

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

   (a)  in the case of subsection (1)(a), issuing the device retrieval 
        warrant in writing; or

   (b)  in the case of subsection (1)(b), giving the reason for the refusal in
        writing.