INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE PART 4—Division 3 Section 44 4-8 Cap. 589 (a) that any communication transmitted to or by him has been intercepted by an officer of a department; or (b) that he is the subject of any covert surveillance that has been carried out by an officer of a department. (2) The application is to be made in writing. 44. Examination by Commissioner (1) Where the Commissioner receives an application under section 43, he shall, subject to section 45, carry out an examination to determine— (a) whether or not the interception or covert surveillance alleged has taken place; and (b) if so, whether or not the interception or covert surveillance alleged has been carried out by an officer of a department without the authority of a prescribed authorization. (2) If, on an examination, the Commissioner, having regard to section 46(1), determines that the interception or covert surveillance alleged has been carried out by an officer of a department without the authority of a prescribed authorization, he shall as soon as reasonably practicable give notice to the applicant— (a) stating that he has found the case in the applicant’s favour and indicating whether the case is one of interception or covert surveillance, the date on which the interception or covert surveillance began and the duration of the interception or covert surveillance; and (Amended 21 of 2016 s. 10) (b) inviting the applicant to confirm whether the applicant wishes to seek an order for the payment of compensation under the application, and if so, to make written submissions to him for that purpose. Last updated date 24.6.2016