INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE
PART 3—Division 2
3-4
Section 8
Cap. 589
The head of a department may designate any officer not below a
rank equivalent to that of senior superintendent of police to be an
authorizing officer for the purposes of this Ordinance.
Division 2—Judge’s Authorizations
Issue of judge’s authorizations
8.
Application for judge’s authorization for interception or Type 1
surveillance
(1) An officer of a department may apply to a panel judge for the
issue of a judge’s authorization for any interception or Type
1 surveillance to be carried out by or on behalf of any of the
officers of the department.
(2) The application is—
(a) to be made in writing; and
(b) to be supported by an affidavit of the applicant which is
to comply with the requirements specified in Part 1 or 2
of Schedule 3 (as may be applicable).
(3) An application may not be made under subsection (1)
unless the making of the application has been approved by a
directorate officer of the department concerned.
9.
Determination of application for judge’s authorization
(1) Upon considering an application for the issue of a judge’s
authorization made under section 8, the panel judge may,
subject to subsection (2)—
(a) issue the judge’s authorization sought under the
application, with or without variations; or
(b) refuse to issue the judge’s authorization.
Last updated date
24.6.2016
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