Page:Interception of Communications and Surveillance Ordinance (Cap. 589).pdf/16

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE :(c) any interception authorized, permitted or required to be carried out by or under any enactment other than this Ordinance (including any interception carried out in the course of the execution of an order of a court authorizing the search of any premises or the seizure of any evidence).

(3) In this section, “carrier licensee” (傳送者牌照持有人), “public telecommunications service” (公共電訊服務), “radiocommunications” (無線電通訊), “telecommunications” (電訊) and “telecommunications network” (電訊網絡) have the meanings respectively assigned to them by section 2(1) of the Telecommunications Ordinance (Cap. 106).

5. Prohibition on covert surveillance

(1) Subject to subsection (2), no public officer shall, directly or indirectly (whether through any other person or otherwise), carry out any covert surveillance.

(2) Subsection (1) does not apply to any covert surveillance carried out pursuant to a prescribed authorization. PART 3 Division 1—Relevant Authorities 6. Panel judges

(1) The Chief Executive shall, on the recommendation of the Chief Justice, appoint 3 to 6 eligible judges to be panel judges for the purposes of this Ordinance.

(2) A panel judge shall be appointed for a period of 3 years.

(3) The Chief Executive may, on the recommendation of the Chief Justice, revoke the appointment of a panel judge for good cause.

(4) In performing any of his functions under this Ordinance, a panel judge—
 * (a) is not regarded as a court or a member of a court; but
 * (b) has the same powers, protection and immunities as a judge of the Court of First Instance has in relation to proceedings in that Court.

(5) Schedule 2 applies to and in relation to the procedures of, and other matters relating to, a panel judge.