INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE
PART 5
5-22
Section 59
Cap. 589
(2) Where any protected product described in subsection (1)
contains any information that is subject to legal professional
privilege, subsection (1)(c) is to be construed as also requiring
the head of the department concerned to make arrangements
to ensure that any part of the protected product that contains
the information—
(a) in the case of a prescribed authorization for a postal
interception or covert surveillance, is destroyed not later
than 1 year after its retention ceases to be necessary for
the purposes of any civil or criminal proceedings before
any court that are pending or are likely to be instituted;
or
(b) in the case of a prescribed authorization for a
telecommunications interception, is as soon as
reasonably practicable destroyed.
(3) For the purposes of this section, something is necessary for
the relevant purpose of a prescribed authorization—
(a) in the case of subsection (1)(a), if—
(i) it continues to be, or is likely to become, necessary
for the relevant purpose; or
(ii) except in the case of a prescribed authorization
for a telecommunications interception, it is
necessary for the purposes of any civil or criminal
proceedings before any court that are pending or
are likely to be instituted; or
(b) in the case of subsection (1)(c)—
(i) when it continues to be, or is likely to become,
necessary for the relevant purpose; or
(ii) except in the case of a prescribed authorization
for a telecommunications interception, at any time
before the expiration of 1 year after it ceases to be
Last updated date
24.6.2016
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