Hong Kong Ordinances

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE - SECT 46

Further provisions relating to examinations

(1) For the purposes of an examination—

   (a)  in determining whether any interception or covert surveillance has
        been carried out without the authority of a prescribed authorization,
        the Commissioner shall apply the principles applicable by a court on
        an application for judicial review; and

   (b)  without limiting the generality of paragraph (a), the Commissioner may
        by applying those principles determine that any interception or
        covert surveillance has been carried out without the authority of a
        prescribed authorization notwithstanding the purported issue or
        renewal of any prescribed authorization.

(2) Subject to section 53(1), the Commissioner shall carry out an examination
on the basis of written submissions made to him.

(3) Without prejudice to section 53(4), for the purposes of an examination,
the applicant is not entitled to have access to any information, document or
other matter compiled by, or made available to, the Commissioner in connection
with the examination.

(4) Without prejudice to section 44(6), in giving notice to an applicant or
making any order under section 44(2), (3) or (5), the Commissioner shall
not—

   (a)  give reasons for his determination;

   (b)  give details of any interception or covert surveillance concerned
        further to those mentioned in section 44(2)(a); or

   (c)  in the case of section 44(5), indicate whether or not the interception
        or covert surveillance alleged has taken place.