INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE PART 4—Division 3 Section 46 46. 4-14 Cap. 589 Further provisions relating to examinations (1) For the purposes of an examination— (a) in determining 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. (2) Subject to section 53(1), the Commissioner shall carry out an examination on the basis of written submissions made to him. (3) Without prejudice to section 53(4), for the purposes of an examination, the applicant is not entitled to have access to any information, document or other matter (including any protected product, whether or not it contains any information that is or may be subject to legal professional privilege) compiled by, or made available to, the Commissioner in connection with the examination. (Amended 21 of 2016 s. 11) (4) Without prejudice to section 44(6), in giving notice to an applicant or making any order under section 44(2), (3) or (5), the Commissioner shall not— (a) give reasons for his determination; (b) give details of any interception or covert surveillance concerned further to those mentioned in section 44(2)(a); or Last updated date 24.6.2016