Page:Interception of Communications and Surveillance Ordinance (Cap. 589).pdf/23

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE (2) The application is—
 * (a) to be made in writing; and
 * (b) to be supported by a statement in writing made by the applicant which is to—
 * (i) set out the reason for making the application; and
 * (ii) comply with the requirements specified in Part 1 or 2 of Schedule 3 (as may be applicable) which are to apply to the statement as they apply to an affidavit referred to in section 8(2)(b).

21. Determination of application for emergency authorization

(1) Upon considering an application for the issue of an emergency authorization made under section 20, the head of the department concerned may, subject to subsection (2)—
 * (a) issue the emergency authorization sought under the application, with or without variations; or
 * (b) refuse to issue the emergency authorization.

(2) The head of the department shall not issue the emergency authorization unless he is satisfied—
 * (a) that section 20(1)(a) and (b) applies; and
 * (b) that the conditions for the issue of the emergency authorization under section 3 have been met.

(3) The head of the department shall deliver his determination under subsection (1) by—
 * (a) in the case of subsection (1)(a), issuing the emergency authorization in writing; or
 * (b) in the case of subsection (1)(b), giving the reason for the refusal in writing.

22. Duration of emergency authorization

(1) An emergency authorization—
 * (a) takes effect at the time specified by the head of the department concerned when issuing the emergency authorization, which in any case is not to be earlier than the time when it is issued; and
 * (b) ceases to have effect upon the expiration of the period specified by the head of the department when issuing the emergency authorization, which in any case is not to be longer than the period of 48 hours beginning with the time when it is issued.