INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE
PART 5
Section 58
5-8
Cap. 589
(1) Where, further to the issue or renewal of a prescribed
authorization under this Ordinance, the officer of the
department concerned who is for the time being in charge
of the interception or covert surveillance concerned
becomes aware that the subject of the interception or covert
surveillance has been arrested, the officer shall, as soon as
reasonably practicable after he becomes aware of the matter,
cause to be provided to the relevant authority by whom
the prescribed authorization has been issued or renewed a
report assessing the effect of the arrest on the likelihood that
any information which may be subject to legal professional
privilege will be obtained by continuing the interception or
covert surveillance.
(2) Where the relevant authority receives a report under
subsection (1), if the relevant authority considers that the
conditions for the continuance of the prescribed authorization
concerned or a part of the prescribed authorization concerned
under section 3 are not met, the relevant authority must
revoke the prescribed authorization or that part of the
prescribed authorization. (Amended 21 of 2016 s. 17)
(3) Where the prescribed authorization or a part of the prescribed
authorization is revoked under subsection (2), the prescribed
authorization or that part of the prescribed authorization is,
notwithstanding the relevant duration provision, to cease to
have effect from the time of the revocation. (Amended 21 of
2016 s. 17)
(3A) If the prescribed authorization is not revoked or only part of
the prescribed authorization is revoked, the relevant authority
may do one or both of the following—
(a) vary any terms or conditions in the prescribed
authorization;
(b) specify any new conditions in the prescribed
authorization that apply to the prescribed authorization
Last updated date
24.6.2016
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