Hong Kong Ordinances

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE - SCHEDULE 3

REQUIREMENTS FOR AFFIDAVIT OR STATEMENT FOR APPLICATION FOR ISSUE OR RENEWAL OF PRESCRIBED AUTHORIZATION FOR INTERCEPTION OR COVERT SURVEILLANCE

(a) state which of the purposes specified in section 3(1)(a)(i) and (ii) of this Ordinance is sought to be furthered by carrying out the interception;
(b) set out—
(i) the form of the interception and the information sought to be obtained by carrying out the interception;
(ii) if known, the identity of any person who is to be the subject of the interception;
(iii) if known, particulars of the addresses, numbers, apparatus or other factors, or combination of factors, that are to be used for identifying any communication that is to be intercepted;
(iv) the proposed duration of the interception;
(v) the grounds for the reasonable suspicion specified in section 3(1)(b) of this Ordinance;
(vi) the following information—
(A) where the purpose sought to be furthered by carrying out the interception is that specified in section 3(1)(a)(i) of this Ordinance, the particular serious crime to be prevented or detected and an assessment of its immediacy and gravity; or
(B) where the purpose sought to be furthered by carrying out the interception is that specified in section 3(1)(a)(ii) of this Ordinance, the particular threat to public security, an assessment of its immediacy and gravity, and an assessment of its impact, both direct and indirect, on the security of Hong Kong, the residents of Hong Kong, or other persons in Hong Kong;
(vii) the benefits likely to be obtained by carrying out the interception;
(viii) an assessment of the impact (if any) of the interception on any person other than that referred to in subparagraph (ii);
(ix) the likelihood that any information which may be subject to legal professional privilege, or may be the contents of any journalistic material, will be obtained by carrying out the interception;
(x) the reason why the purpose sought to be furthered by carrying out the interception cannot reasonably be furthered by other less intrusive means; and
(xi) if known, whether, during the preceding 2 years, there has been any application for the issue or renewal of a prescribed authorization in which—
(A) any person set out in the affidavit under subparagraph (ii) has also been identified as the subject of the interception or covert surveillance concerned; or
(B) where the particulars of any telecommunications service have been set out in the affidavit under subparagraph (iii), the interception of any communication to or from that telecommunications service has also been sought,
and if so, particulars of such application; and
(c) identify by name, rank and post the applicant and any officer of the department concerned approving the making of the application.

(a) state which of the purposes specified in section 3(1)(a)(i) and (ii) of this Ordinance is sought to be furthered by carrying out the Type 1 surveillance;
(b) set out—
(i) the form of the Type 1 surveillance (including the kind or kinds of any devices to be used) and the information sought to be obtained by carrying out the Type 1 surveillance;
(ii) if known, the identity of any person who is to be the subject of the Type 1 surveillance;
(iii) the identity of any person, other than that referred to in subparagraph (ii), who may be affected by the Type 1 surveillance or, if the identity of such person is not known, the description of any such person or class of such persons who may be affected by the Type 1 surveillance;
(iv) if known, particulars of any premises or any object or class of objects in or on which the Type 1 surveillance is to be carried out;
(v) the proposed duration of the Type 1 surveillance;
(vi) the grounds for the reasonable suspicion specified in section 3(1)(b) of this Ordinance;
(vii) the following information—
(A) where the purpose sought to be furthered by carrying out the Type 1 surveillance is that specified in section 3(1)(a)(i) of this Ordinance, the particular serious crime to be prevented or detected and an assessment of its immediacy and gravity; or
(B) where the purpose sought to be furthered by carrying out the Type 1 surveillance is that specified in section 3(1)(a)(ii) of this Ordinance, the particular threat to public security, an assessment of its immediacy and gravity, and an assessment of its impact, both direct and indirect, on the security of Hong Kong, the residents of Hong Kong, or other persons in Hong Kong;
(viii) the benefits likely to be obtained by carrying out the Type 1 surveillance;
(ix) an assessment of the impact (if any) of the Type 1 surveillance on any person referred to in subparagraph (iii);
(x) the likelihood that any information which may be subject to legal professional privilege, or may be the contents of any journalistic material, will be obtained by carrying out the Type 1 surveillance;
(xi) the reason why the purpose sought to be furthered by carrying out the Type 1 surveillance cannot reasonably be furthered by other less intrusive means; and
(xii) if known, whether, during the preceding 2 years, there has been any application for the issue or renewal of a prescribed authorization in which any person set out in the affidavit under subparagraph (ii) has also been identified as the subject of the interception or covert surveillance concerned, and if so, particulars of such application; and
(c) identify by name, rank and post the applicant and any officer of the department concerned approving the making of the application.

(a) state which of the purposes specified in section 3(1)(a)(i) and (ii) of this Ordinance is sought to be furthered by carrying out the Type 2 surveillance;
(b) set out—
(i) the form of the Type 2 surveillance (including the kind or kinds of any devices to be used) and the information sought to be obtained by carrying out the Type 2 surveillance;
(ii) if known, the identity of any person who is to be the subject of the Type 2 surveillance;
(iii) the identity of any person, other than that referred to in subparagraph (ii), who may be affected by the Type 2 surveillance or, if the identity of such person is not known, the description of any such person or class of such persons who may be affected by the Type 2 surveillance;
(iv) if known, particulars of any premises or any object or class of objects in or on which the Type 2 surveillance is to be carried out;
(v) the proposed duration of the Type 2 surveillance;
(vi) the grounds for the reasonable suspicion specified in section 3(1)(b) of this Ordinance;
(vii) the following information—
(A) where the purpose sought to be furthered by carrying out the Type 2 surveillance is that specified in section 3(1)(a)(i) of this Ordinance, the particular serious crime to be prevented or detected and an assessment of its immediacy and gravity; or
(B) where the purpose sought to be furthered by carrying out the Type 2 surveillance is that specified in section 3(1)(a)(ii) of this Ordinance, the particular threat to public security, an assessment of its immediacy and gravity, and an assessment of its impact, both direct and indirect, on the security of Hong Kong, the residents of Hong Kong, or other persons in Hong Kong;
(viii) the benefits likely to be obtained by carrying out the Type 2 surveillance;
(ix) an assessment of the impact (if any) of the Type 2 surveillance on any person referred to in subparagraph (iii);
(x) the likelihood that any information which may be subject to legal professional privilege, or may be the contents of any journalistic material, will be obtained by carrying out the Type 2 surveillance;
(xi) the reason why the purpose sought to be furthered by carrying out the Type 2 surveillance cannot reasonably be furthered by other less intrusive means; and
(xii) if known, whether, during the preceding 2 years, there has been any application for the issue or renewal of a prescribed authorization in which any person set out in the statement under subparagraph (ii) has also been identified as the subject of the interception or covert surveillance concerned, and if so, particulars of such application; and
(c) identify by name, rank and post the applicant.

(a) set out—
(i) whether the renewal sought is the first renewal and, if not, each occasion on which the judge's authorization or executive authorization has been renewed previously and the duration of each renewal;
(ii) any significant change to any information previously provided in any affidavit or statement under this Ordinance for the purposes of any application for the issue or renewal of the judge's authorization or executive authorization, or for the purposes of any application made further to an oral application for confirmation of the judge's authorization or executive authorization or its previous renewal;
(iii) an assessment of the value of the information so far obtained pursuant to the judge's authorization or executive authorization;
(iv) the reason why it is necessary to apply for the renewal; and
(v) the proposed duration of the interception, Type 1 surveillance or Type 2 surveillance (as the case may be); and
(b) identify by name, rank and post the applicant and any officer of the department concerned approving the making of the application.