Page:Interception of Communications and Surveillance Ordinance (Cap. 589).pdf/17

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE (6) A person previously appointed as a panel judge may from time to time be further appointed as such in accordance with the provisions of this Ordinance that apply to the appointment of a panel judge.

(7) In this section, “eligible judge” (合資格法官) means a judge of the Court of First Instance.

7. Authorizing officers

The head of a department may designate any officer not below a rank equivalent to that of senior superintendent of police to be an authorizing officer for the purposes of this Ordinance. Division 2—Judge’s Authorizations Issue of judge’s authorizations 8. Application for judge’s authorization for interception or Type 1 surveillance

(1) An officer of a department may apply to a panel judge for the issue of a judge’s authorization for any interception or Type 1 surveillance to be carried out by or on behalf of any of the officers of the department.

(2) The application is—
 * (a) to be made in writing; and
 * (b) to be supported by an affidavit of the applicant which is to comply with the requirements specified in Part 1 or 2 of Schedule 3 (as may be applicable).

(3) An application may not be made under subsection (1) unless the making of the application has been approved by a directorate officer of the department concerned.

9. Determination of application for judge’s authorization

(1) Upon considering an application for the issue of a judge’s authorization made under section 8, the panel judge may, subject to subsection (2)—
 * (a) issue the judge’s authorization sought under the application, with or without variations; or
 * (b) refuse to issue the judge’s authorization.