Page:Interception of Communications and Surveillance Ordinance (Cap. 589).pdf/9

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE “data surveillance device” (數據監察器材)—
 * (a) means any device or program used to monitor or record the input of information into, or the output of information from, any information system by electronic means; but
 * (b) does not include an optical surveillance device;

“department” (部門)—
 * (a) in relation to interception (including any application for the issue or renewal of a prescribed authorization for interception, any prescribed authorization for interception and any other matter relating to interception), means a department specified in Part 1 of Schedule 1;
 * (b) in relation to covert surveillance (including any application for the issue or renewal of a prescribed authorization for covert surveillance, any prescribed authorization for covert surveillance and any other matter relating to covert surveillance), means a department specified in Part 2 of Schedule 1; or
 * (c) in relation to any other matter provided for in this Ordinance, means a department specified in Part 1 or 2 of Schedule 1;

“device” (器材) includes any instrument, apparatus and equipment;

“device retrieval warrant” (器材取出手令) means a device retrieval warrant issued under section 34 (and, where the context requires, includes a device retrieval warrant to be issued under that section);

“directorate officer” (首長級人員) means an officer not below a rank equivalent to that of chief superintendent of police;

“emergency authorization” (緊急授權) means an emergency authorization issued under Division 4 of Part 3 (and, where the context requires, includes an emergency authorization to be issued under that Division);

“enhancement equipment” (增強設備), in relation to a device, means any equipment used to enhance a signal, image or other information obtained by the use of the device;

“examination” (審查) means an examination (including consideration of the application for the examination) carried out under Division 3 of Part 4 (and, where the context requires, includes such an examination to be carried out under that Division);

“executive authorization” (行政授權) means an executive authorization issued or renewed under Division 3 of Part 3 (and, where the context requires, includes an executive authorization to be issued or renewed under that Division);

“function” (職能) includes power and duty;

“head” (首長), in relation to a department, includes any deputy head of the department;

“information system” (資訊系統) has the meaning assigned to it by section 2(1) of the Electronic Transactions Ordinance (Cap. 553);