Page:Interception of Communications and Surveillance Ordinance (Cap. 589).pdf/57

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE (2) Without limiting the generality of subsection (1), any information (including any protected product) obtained pursuant to a prescribed authorization is not by reason only of any minor defect relating to the prescribed authorization to be rendered inadmissible in evidence in any proceedings before any court.

(3) For the purposes of this section, any reference to minor defect, in relation to a prescribed authorization or device retrieval warrant, includes any defect or irregularity, other than a substantial defect or irregularity, in or in connection with—
 * (a) the issue, or the purported issue, of that prescribed authorization or device retrieval warrant or of a document purporting to be that prescribed authorization or device retrieval warrant; or
 * (b) the execution, or the purported execution, of that prescribed authorization or device retrieval warrant or of a document purporting to be that prescribed authorization or device retrieval warrant.

65. Immunity

(1) Subject to subsection (2), a person shall not incur any civil or criminal liability by reason only of—
 * (a) any conduct carried out pursuant to a prescribed authorization or device retrieval warrant (including any conduct incidental to such conduct);
 * (b) his performance or purported performance in good faith of any function under this Ordinance; or
 * (c) his compliance with a requirement made or purportedly made under this Ordinance.

(2) Nothing in subsection (1) affects any liability that is or may be incurred by any person by reason only of—
 * (a) any entry onto any premises without permission; or
 * (b) any interference with any property without permission.

66. Regulation

The Chief Executive in Council may, subject to the approval of the Legislative Council, make regulations for—
 * (a) the better carrying out of the purposes of this Ordinance; and
 * (b) without limiting the generality of paragraph (a), prescribing any matter which this Ordinance provides is, or may be, prescribed by regulation made under this section.