INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE
PART 4—Division 4
Section 48
4-18
Cap. 589
department without the authority of a prescribed authorization,
subject to subsection (6), the Commissioner shall as soon as
reasonably practicable give notice to the relevant person—
(a) stating that there has been such a case 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. 12)
(b) informing the relevant person of his right to apply to
the Commissioner for an examination in respect of the
interception or covert surveillance.
(2) Where the relevant person makes an application for
an examination in respect of the interception or covert
surveillance within 6 months after receipt of the notice or
within such further period as the Commissioner may allow,
the Commissioner shall, notwithstanding anything in section
45(1)(a) but subject to the other provisions of section 45,
make a determination referred to in section 44(2), and the
provisions of this Ordinance are to apply accordingly.
(3) Notwithstanding subsection (1), the Commissioner shall only
give a notice under that subsection when he considers that the
giving of the notice would not be prejudicial to the prevention
or detection of crime or the protection of public security.
(4) Without prejudice to subsection (3), in giving notice to a
relevant person under subsection (1), the Commissioner shall
not—
(a) give reasons for his findings; or
(b) give details of any interception or covert surveillance
concerned further to those mentioned in subsection
(1)(a).
(5) For the purposes of this section—
Last updated date
24.6.2016
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