Hong Kong Ordinances

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE - SECT 58

Reports to relevant authorities following arrests

(1) Where, further to the issue or renewal of a prescribed  authorization
under this Ordinance, the officer of the department concerned who is for the
time being in charge of the interception or covert surveillance concerned
becomes aware that the subject of the interception or covert surveillance has
been arrested, the officer shall, as soon as reasonably practicable after he
becomes aware of the matter, cause to be provided to the relevant authority by
whom the prescribed  authorization has been issued or renewed a report
assessing the effect of the arrest on the likelihood that any information
which may be subject to legal professional privilege will be obtained by
continuing the interception or covert surveillance.

(2) Where the relevant authority receives a report under subsection

(1), he shall revoke the prescribed authorization if he considers that the
conditions for the continuance of the prescribed authorization under section 3
are not met.

(3) Where the prescribed authorization is revoked under subsection

(2), the prescribed authorization is, notwithstanding the relevant 
duration provision, to cease to have effect from the time of the revocation.

(4) If, at the time of the provision of a report to the relevant  authority
under subsection (1), the relevant authority is no longer holding his office
or performing the relevant functions of his office—

   (a)  without prejudice to section 54 of the Interpretation and 
        General Clauses Ordinance ( Cap 1), the reference to
        relevant authority in that subsection includes the person for the time
        being appointed as a panel judge or authorizing officer (as the case
        may be) and lawfully performing the relevant functions of the office
        of that relevant  authority; and

   (b)  the provisions of this section are to apply accordingly.

(5) In this section, "relevant duration provision" (有關時限條文) means
section 10(b), 13(b), 16(b), 19(b) or 22(1)(b) (as may be applicable).

"relevant duration provision" (有關時限條文)