Hong Kong Ordinances

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE - SECT 60

Record keeping

(1) Without prejudice to section 59, each department shall keep a record which
is to contain—

   (a)  in respect of each application for the issue or renewal of a
        prescribed authorization under this Ordinance by any officer of the
        department, a record of—

        (i)    the application (including a copy of any affidavit or statement
               provided under Part 3 for the purposes of the application); and

        (ii)   the determination in respect of the application by the
               relevant authority (including a copy of any
               prescribed authorization issued or renewed under Part 3 as a
               result of the application);

   (b)  in respect of each application for confirmation of an emergency 
        authorization by any officer of the department as provided for in
        section  23 (1), a record of—

        (i)    the application (including a copy of any affidavit provided
               under section 23(2)(b) or, where section 28 applies, a copy of
               any record, affidavit or other document provided as described
               in section 28(1)(b), for the purposes of the application); and

        (ii)   the determination in respect of the application by a panel 
               judge (including a copy of any endorsement made or, where
               section 28 applies, a copy of any emergency authorization
               issued, under section 24(5) as a result of the application);

   (c)  in respect of each application for confirmation of a prescribed 
        authorization or renewal by any officer of the department as provided
        for in section 26(1), a record of—

        (i)    the application (including a copy of any record, affidavit or
               statement provided under section 26(2)(b) for the purposes of
               the application); and

        (ii)   the determination in respect of the application by the
               relevant authority (including a copy of any
               prescribed authorization issued or renewed under section 27(5)
               as a result of the application);

   (d)  a record of—

        (i)    any case in which any interception or covert surveillance has
               been discontinued by any officer of the department under
               section 57; and

        (ii)   any case in which any prescribed authorization has been revoked
               under section 57 further to the discontinuance;

   (e)  in respect of each application for the issue of a device 
        retrieval warrant under section 33 by any officer of the department, a
        record of—

        (i)    the application (including a copy of any affidavit provided
               under section 33(2)(b) for the purposes of the application);
               and

        (ii)   the determination in respect of the application by a panel 
               judge (including a copy of any device retrieval warrant issued
               under section 34(3) as a result of the application);

   (f)  a record of—

        (i)    any case to which section 23(3) applies by reason that no
               application for confirmation of an emergency authorization is
               made within the period of 48 hours by any officer of the
               department;

        (ii)   any case to which section 26(3) applies by reason that no
               application for confirmation of a prescribed authorization or
               renewal is made within the period of 48 hours by any officer of
               the department; and

        (iii)  any findings in respect of any other irregularities and errors
               identified or detected by any officer of the department,
               whether in any regular review conducted under section 56(1) and
               (2) or otherwise; and

   (g)  any record reasonably required to be kept by the department to enable
        the Commissioner to prepare reports for submission to the Chief
        Executive under section 49, or otherwise to perform any of his
        functions under this Ordinance.

(2) The record kept under subsection (1)—

   (a)  to the extent that it relates to any prescribed authorization or
        device retrieval warrant—

        (i)    is to be retained for a period of at least 2 years after the
               day on which the prescribed authorization or
               device retrieval warrant (as the case may be) has ceased to
               have effect; and

        (ii)   without prejudice to subparagraph (i), where it has come to the
               notice of the department concerned that any relevant civil or
               criminal proceedings before any court are pending or are likely
               to be instituted, or any relevant review is being conducted
               under section 41, or, in the case of a
               prescribed authorization, any relevant application for an
               examination has been made under section 43, is to be
               retained— (A) in the case of any pending proceedings, review
               or application, for a period of at least 1 year after the
               pending proceedings, review or application has been finally
               determined or finally disposed of; or (B) in the case of any
               proceedings which are likely to be instituted, for a period of
               at least 1 year after they have been finally determined or
               finally disposed of or, if applicable, for a period of at least
               1 year after they are no longer likely to be instituted; or

   (b)  to the extent that it does not relate to any prescribed  authorization
        or device retrieval warrant, is to be retained for a period of at
        least 2 years.

(3) For the purposes of subsection (2), any proceedings, review or application
is, in relation to any part of a record that relates to any
prescribed authorization or device retrieval warrant, regarded as relevant if,
but only if—

   (a)  the prescribed authorization or device retrieval warrant (as the case
        may be) is or may be relevant to the determination of any question for
        the purposes of the proceedings, review or application (as the case
        may be); or

   (b)  in the case of a prescribed authorization, any protected  product
        obtained pursuant to the prescribed authorization is or may be
        relevant to the determination of any question for the purposes of the
        proceedings, review or application (as the case may be).