Page:Interception of Communications and Surveillance Ordinance (Cap. 589).pdf/14

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE (8) For the purposes of this Ordinance—
 * (a) an application is regarded as being made orally if it is made orally in person or made by telephone, video conferencing or other electronic means by which words spoken can be heard (whether or not any part of the application is made in writing);
 * (b) information is regarded as being provided orally if it is provided orally in person or provided by telephone, video conferencing or other electronic means by which words spoken can be heard (whether or not any part of the information is provided in writing); and
 * (c) a determination (including the issue of a prescribed authorization or a renewed prescribed authorization and the giving of any reason) is regarded as being delivered orally if it is delivered orally in person or delivered by telephone, video conferencing or other electronic means by which words spoken can be heard (whether or not any part of the determination is delivered in writing).

3. Conditions for issue, renewal or continuance of prescribed authorization

(1) In this Ordinance, the conditions for the issue or renewal, or the continuance, of a prescribed authorization, are that, in the circumstances of the particular case—
 * (a) the purpose sought to be furthered by carrying out the interception or covert surveillance concerned is that of—
 * (i) preventing or detecting serious crime; or
 * (ii) protecting public security;
 * (b) there is reasonable suspicion that any person has been, is, or is likely to be, involved in—
 * (i) where the purpose sought to be furthered by carrying out the interception or covert surveillance is that specified in paragraph (a)(i), the particular serious crime to be prevented or detected; or
 * (ii) where the purpose sought to be furthered by carrying out the interception or covert surveillance is that specified in paragraph (a)(ii), any activity which constitutes or would constitute the particular threat to public security; and
 * (c) the interception or covert surveillance is necessary for, and proportionate to, the purpose sought to be furthered by carrying it out, upon—