Page:Interception of Communications and Surveillance Ordinance (Cap. 589).pdf/35

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE 32. Prescribed authorization may be issued or renewed subject to conditions

A prescribed authorization may be issued or renewed subject to any conditions specified in it that apply to the prescribed authorization itself or to any further authorization or requirement under it (whether granted or imposed under its terms or any provision of this Ordinance). Device retrieval warrants after prescribed authorizations having ceased to have effect 33. Application for device retrieval warrant

(1) Where a prescribed authorization has in any way ceased to have effect under this Ordinance, an officer of the department concerned may apply to a panel judge for the issue of a device retrieval warrant authorizing the retrieval of any of the devices authorized to be used under the prescribed authorization if such devices—
 * (a) have been installed in or on any premises or object, pursuant to the prescribed authorization; and
 * (b) are still in or on such premises or object, or are in or on any other premises or object.

(2) The application is—
 * (a) to be made in writing; and
 * (b) to be supported by—
 * (i) a copy of the prescribed authorization; and
 * (ii) an affidavit of the applicant which is to comply with the requirements specified in Schedule 4.

34. Determination of application for device retrieval warrant

(1) Upon considering an application for the issue of a device retrieval warrant made under section 33, the panel judge may, subject to subsection (2)—
 * (a) issue the device retrieval warrant sought under the application, with or without variations; or
 * (b) refuse to issue the device retrieval warrant.

(2) The panel judge shall not issue the device retrieval warrant unless he is satisfied that section 33(1)(a) and (b) applies to the devices concerned.

(3) The panel judge shall deliver his determination under subsection (1) by—