INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE
PART 5
5-34
Section 61
Cap. 589
the prosecution against the defence or of assisting the case for
the defence—
(a) the department shall disclose the information to the
prosecution; and
(b) the prosecution shall then disclose the information to the
judge in an ex parte hearing that is held in private.
(5) The judge may, further to the disclosure to him of the
information under subsection (4)(b), make such orders as
he thinks fit for the purpose of securing the fairness of the
proceedings.
(6) Where any order is made under subsection (5) in any criminal
proceedings, the prosecution shall disclose to the judge
for any related proceedings the terms of the order and the
information concerned in an ex parte hearing that is held in
private.
(7) Notwithstanding subsection (5), no order made under that
subsection authorizes or requires anything to be done in
contravention of subsections (1), (2) and (3).
(8) In this section—
“judge” (法官), in relation to any proceedings, means the judge or
magistrate before whom those proceedings are or are to be
heard, or any other judge or magistrate having jurisdiction to
deal with the matter concerned;
“party” (一方), in relation to any criminal proceedings, includes
the prosecution;
“related proceedings” (有關法律程序), in relation to any criminal
proceedings, means any further proceedings (including appeal
proceedings) arising from, or any proceedings preliminary or
incidental to, those proceedings;
“relevant device retrieval warrant” (有關器材取出手令) means
a device retrieval warrant for the retrieval of any of the
Last updated date
24.6.2016
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