Hong Kong Ordinances

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE - SECT 49

Annual reports to Chief Executive by Commissioner

Division 5—Reports and Recommendations by Commissioner

(1) The Commissioner shall, for each report period, submit a report to the
Chief Executive.

(2) A report for a report period is to set out, separately in relation to
interception and covert surveillance—

   (a)  a list showing—

        (i)    the respective numbers of judge's authorizations, executive 
               authorizations and emergency authorizations issued under this
               Ordinance during the report period, and the average duration of
               the respective prescribed authorizations;

        (ii)   the respective numbers of judge's authorizations and executive 
               authorizations renewed under this Ordinance during the
               report period, and the average duration of the respective
               renewals;

        (iii)  the respective numbers of judge's authorizations, executive 
               authorizations and emergency authorizations issued as a result
               of an oral  application under this Ordinance during the
               report period, and the average duration of the respective
               prescribed authorizations;

        (iv)   the respective numbers of judge's authorizations and executive 
               authorizations renewed as a result of an oral application under
               this Ordinance during the report period, and the average
               duration of the respective renewals;

        (v)    the respective numbers of judge's authorizations and executive 
               authorizations that have been renewed under this Ordinance
               during the report period further to 5 or more previous
               renewals;

        (vi)   the respective numbers of applications for the issue of judge's
               authorizations, executive authorizations and emergency 
               authorizations made under this Ordinance that have been refused
               during the report period;

        (vii)  the respective numbers of applications for the renewal of
               judge's authorizations and executive authorizations made under
               this Ordinance that have been refused during the report period;

        (viii) the respective numbers of oral applications for the issue of
               judge's authorizations, executive authorizations and emergency 
               authorizations made under this Ordinance that have been refused
               during the report period; and

        (ix)   the respective numbers of oral applications for the renewal of
               judge's authorizations and executive authorizations made under
               this Ordinance that have been refused during the report period;

   (b)  a list showing—

        (i)    the major categories of offences for the investigation of which
               prescribed authorizations have been issued or renewed under
               this Ordinance during the report period; and

        (ii)   the number of persons arrested during the report period as a
               result of or further to any interception or covert surveillance
               carried out pursuant to a prescribed authorization;

   (c)  a list showing—

        (i)    the number of device retrieval warrants issued under this
               Ordinance during the report period, and the average duration of
               the warrants; and

        (ii)   the number of applications for the issue of device retrieval 
               warrants made under this Ordinance that have been refused
               during the report period;

   (d)  a list showing—

        (i)    a summary of reviews conducted by the Commissioner under
               section 41 during the report period;

        (ii)   the number and broad nature of any cases of irregularities or
               errors identified in the reviews during the report period;

        (iii)  the number of applications for examination that have been
               received by the Commissioner during the report period;

        (iv)   the respective numbers of notices given by the Commissioner
               under section 44(2) and section 44(5) during the report period
               further to examinations;

        (v)    the number of cases in which a notice has been given by the
               Commissioner under section 48 during the report period;

        (vi)   the broad nature of recommendations made by the Commissioner
               under sections 50, 51 and 52 during the report period;

        (vii)  the number of cases in which information subject to legal
               professional privilege has been obtained in consequence of any
               interception or covert surveillance carried out pursuant to a
               prescribed  authorization during the report period; and

        (viii) the number of cases in which disciplinary action has been taken
               in respect of any officer of a department according to any
               report submitted to the Commissioner under section 42, 47, 52
               or 54 during the report period, and the broad nature of such
               action; and

   (e)  an assessment on the overall compliance with the relevant 
        requirements during the report period.

(3) The report is to be submitted within 6 months after the expiry of the
report period.

(4) The Chief Executive shall cause to be laid on the table of the Legislative
Council a copy of the report, together with a statement as to whether any
matter has been excluded from that copy under subsection (5) without the
agreement of the Commissioner.

(5) If the Chief Executive considers that the publication of any matter in the
report referred to in subsection (4) would be prejudicial to the prevention or
detection of crime or the protection of public security, he may, after
consultation with the Commissioner, exclude such matter from the copy of the
report to be laid on the table of the Legislative Council under that
subsection.

(6) In this section, "report period" (報告期間), in relation to a report
required to be submitted under subsection (1), means—

   (a)  the period beginning on the commencement of this Ordinance and ending
        on 31 December in the same year; or

   (b)  any of the succeeding periods of 12 months ending on 31 December.

"report period" (報告期間)