INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE PART 4—Division 3 Section 45 4-12 Cap. 589 taken place, and that it is not unfair for him not to carry out the examination; (b) that the application is made anonymously; (c) that the applicant cannot, after the use of reasonable efforts, be identified or traced; or (d) that, having regard to all the circumstances of the case, the application is frivolous or vexatious or is not made in good faith, the Commissioner may refuse to carry out the examination or, where the examination has been commenced, to proceed with the carrying out of the examination (including the making of any determination further to the examination). (2) Where, before or in the course of an examination, the Commissioner is satisfied that any relevant criminal proceedings are pending or are likely to be instituted, the Commissioner shall not carry out the examination or, where the examination has been commenced, proceed with the carrying out of the examination (including the making of any determination further to the examination)— (a) in the case of any pending criminal proceedings, until they have been finally determined or finally disposed of; or (b) in the case of any criminal proceedings which are likely to be instituted, until they have been finally determined or finally disposed of or, if applicable, until they are no longer likely to be instituted. (3) For the purposes of subsection (2), criminal proceedings are, in relation to an examination, regarded as relevant if, but only if, the interception or covert surveillance alleged in the application for the examination is or may be relevant to the determination of any question concerning any evidence which has been or may be adduced in those proceedings. Last updated date 24.6.2016