Page:Interception of Communications and Surveillance Ordinance (Cap. 589).pdf/53

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE ::(ii) the determination in respect of the application by a panel judge (including a copy of any device retrieval warrant issued under section 34(3) as a result of the application);
 * (f) a record of—
 * (i) any case to which section 23(3) applies by reason that no application for confirmation of an emergency authorization is made within the period of 48 hours by any officer of the department;
 * (ii) any case to which section 26(3) applies by reason that no application for confirmation of a prescribed authorization or renewal is made within the period of 48 hours by any officer of the department; and
 * (iii) any findings in respect of any other irregularities and errors identified or detected by any officer of the department, whether in any regular review conducted under section 56(1) and (2) or otherwise; and
 * (g) any record reasonably required to be kept by the department to enable the Commissioner to prepare reports for submission to the Chief Executive under section 49, or otherwise to perform any of his functions under this Ordinance.

(2) The record kept under subsection (1)—
 * (a) to the extent that it relates to any prescribed authorization or device retrieval warrant—
 * (i) is to be retained for a period of at least 2 years after the day on which the prescribed authorization or device retrieval warrant (as the case may be) has ceased to have effect; and
 * (ii) without prejudice to subparagraph (i), where it has come to the notice of the department concerned that any relevant civil or criminal proceedings before any court are pending or are likely to be instituted, or any relevant review is being conducted under section 41, or, in the case of a prescribed authorization, any relevant application for an examination has been made under section 43, is to be retained—
 * (A) in the case of any pending proceedings, review or application, for a period of at least 1 year after the pending proceedings, review or application has been finally determined or finally disposed of; or
 * (B) in the case of any proceedings which are likely to be instituted, for a period of at least 1 year after they have been finally determined or finally disposed of or, if applicable, for a period of at least 1 year after they are no longer likely to be instituted; or