Page:Interception of Communications and Surveillance Ordinance (Cap. 589).pdf/36

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE :(a) in the case of subsection (1)(a), issuing the device retrieval warrant in writing; or
 * (b) in the case of subsection (1)(b), giving the reason for the refusal in writing.

35. Duration of device retrieval warrant

A device retrieval warrant—
 * (a) takes effect at the time specified by the panel judge when issuing the warrant, 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 panel judge when issuing the warrant, which in any case is not to be longer than the period of 3 months beginning with the time when it takes effect.

36. What a device retrieval warrant may authorize under or by virtue of its terms, etc.

(1) A device retrieval warrant may authorize the retrieval of any devices specified in the warrant.

(2) A device retrieval warrant may contain terms that authorize the doing of anything reasonably necessary to conceal any conduct authorized to be carried out under the warrant.

(3) A device retrieval warrant may, if it is reasonably necessary for the execution of the warrant, contain terms that authorize the interference with any property (whether or not of any person who is the subject of the interception or covert surveillance concerned).

37. What a device retrieval warrant also authorizes

(1) A device retrieval warrant also authorizes the undertaking of conduct, including the following conduct, that is necessary for and incidental to the carrying out of what is authorized to be carried out under the warrant—
 * (a) the retrieval of any enhancement equipment for the devices authorized to be retrieved under the warrant;
 * (b) the entry, by the use of reasonable force if necessary, onto any premises where the devices or enhancement equipment is reasonably believed to be or likely to be, and onto any other premises adjoining or providing access to the premises, in order to retrieve the devices or enhancement equipment;