Page:Interception of Communications and Surveillance Ordinance (Cap. 589).pdf/64

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE—SCHEDULE 3 ::(ix) an assessment of the impact (if any) of the Type 1 surveillance on any person referred to in subparagraph (iii);
 * (x) the likelihood that any information which may be subject to legal professional privilege, or may be the contents of any journalistic material, will be obtained by carrying out the Type 1 surveillance;
 * (xi) the reason why the purpose sought to be furthered by carrying out the Type 1 surveillance cannot reasonably be furthered by other less intrusive means; and
 * (xii) if known, whether, during the preceding 2 years, there has been any application for the issue or renewal of a prescribed authorization in which any person set out in the affidavit under subparagraph (ii) has also been identified as the subject of the interception or covert surveillance concerned, and if so, particulars of such application; and
 * (c) identify by name, rank and post the applicant and any officer of the department concerned approving the making of the application.

PART 3 A statement supporting an application for the issue of an executive authorization for Type 2 surveillance is to—
 * (a) state which of the purposes specified in section 3(1)(a)(i) and (ii) of this Ordinance is sought to be furthered by carrying out the Type 2 surveillance;
 * (b) set out—
 * (i) the form of the Type 2 surveillance (including the kind or kinds of any devices to be used) and the information sought to be obtained by carrying out the Type 2 surveillance;
 * (ii) if known, the identity of any person who is to be the subject of the Type 2 surveillance;
 * (iii) the identity of any person, other than that referred to in subparagraph (ii), who may be affected by the Type 2 surveillance or, if the identity of such person is not known, the description of any such person or class of such persons who may be affected by the Type 2 surveillance;