Page:Interception of Communications and Surveillance Ordinance (Cap. 589).pdf/27

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE Application for confirmation of prescribed authorizations or renewals issued or granted upon oral applications 26. Application for confirmation of prescribed authorization or renewal issued or granted upon oral application

(1) Where, as a result of an oral application, the prescribed authorization or renewal sought under the application has been issued or granted, the head of the department concerned shall cause an officer of the department to apply to the relevant authority for confirmation of the prescribed authorization or renewal, as soon as reasonably practicable after, and in any event within the period of 48 hours beginning with, the time when the prescribed authorization or renewal is issued or granted.

(2) The application is—
 * (a) to be made in writing; and
 * (b) to be supported by—
 * (i) a record in writing containing all the information that would have been provided to the relevant authority in writing under the relevant written application provision had the oral application been made in writing;
 * (ii) where section 25(3) applies in relation to the oral application—
 * (A) where the relevant authority is a panel judge, an affidavit of the applicant which is to verify all the information provided pursuant to that section for the purposes of the oral application; or
 * (B) where the relevant authority is not a panel judge, a statement in writing made by the applicant setting out all the information provided pursuant to that section for the purposes of the oral application; and
 * (iii) where section 25(4) applies in relation to the oral application, a record in writing setting out the determination delivered pursuant to that section in respect of the oral application.

(3) In default of any application being made for confirmation of the prescribed authorization or renewal within the period of 48 hours referred to in subsection (1), then—
 * (a) in any case where the prescribed authorization or renewal still has effect upon the expiration of the period, the prescribed authorization or renewal is, notwithstanding any other provision of this Ordinance, to be regarded as revoked upon the expiration of the period; and