INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE PART 4—Division 4 Section 48 4-20 Cap. 589 (a) in considering whether any interception or covert surveillance has been carried out without the authority of a prescribed authorization, the Commissioner shall apply the principles applicable by a court on an application for judicial review; and (b) without limiting the generality of paragraph (a), the Commissioner may by applying those principles determine that any interception or covert surveillance has been carried out without the authority of a prescribed authorization notwithstanding the purported issue or renewal of any prescribed authorization. (6) This section does not require the Commissioner to give any notice to a relevant person if— (a) the relevant person cannot, after the use of reasonable efforts, be identified or traced; (b) the Commissioner considers that the intrusiveness of the interception or covert surveillance concerned on the relevant person is negligible; or (c) in the case of interception, the interception is within the description of section 4(2)(b) or (c). (7) In this section— relevant person (有關人士) means— (a) if the interception or covert surveillance concerned is one that is continued after the prescribed authorization concerned or the relevant part of the prescribed authorization concerned has ceased to have effect, the subject of the interception or covert surveillance; (b) if the interception or covert surveillance concerned is carried out by an officer of the department concerned purportedly pursuant to a prescribed authorization but the subject of the interception or covert surveillance is not the intended subject under the prescribed Last updated date 24.6.2016