Page:Interception of Communications and Surveillance Ordinance (Cap. 589).pdf/24

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE (2) Without prejudice to any application under section 8 for the issue of any judge’s authorization for the interception or Type 1 surveillance concerned, an emergency authorization may not be renewed under this Ordinance.

Application for confirmation of emergency authorizations 23. Application for confirmation of emergency authorization

(1) Where any interception or Type 1 surveillance is carried out pursuant to an emergency authorization, the head of the department concerned shall cause an officer of the department to apply to a panel judge for confirmation of the emergency authorization, as soon as reasonably practicable after, and in any event within the period of 48 hours beginning with, the time when the emergency authorization is issued.

(2) The application is—
 * (a) to be made in writing; and
 * (b) to be supported by—
 * (i) a copy of the emergency authorization; and
 * (ii) an affidavit of the applicant which is to verify the contents of the statement provided under section 20(2)(b) for the purposes of the application for the issue of the emergency authorization.

(3) In default of any application being made for confirmation of the emergency authorization within the period of 48 hours referred to in subsection (1), the head of the department concerned shall—
 * (a) cause the immediate destruction of any information obtained by carrying out the interception or Type 1 surveillance concerned; and
 * (b) without prejudice to section 54, submit to the Commissioner a report with details of the case.

24. Determination of application for confirmation of emergency authorization

(1) Upon considering an application for confirmation of an emergency authorization as provided for in section 23(1), the panel judge may, subject to subsection (2)—
 * (a) confirm the emergency authorization; or
 * (b) refuse to confirm the emergency authorization.