INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE
PART 5
Section 61
5-32
Cap. 589
court other than to prove that a relevant offence has been
committed.
(2) Any telecommunications interception product, and any
particulars as to a telecommunications interception carried
out pursuant to a relevant prescribed authorization, shall not
be made available to any party to any proceedings before
any court (other than any such proceedings instituted for a
relevant offence).
(3) In any proceedings before any court (other than any such
proceedings instituted for a relevant offence), any evidence or
question which tends to suggest any of the following matters
shall not be adduced or asked—
(a) that an application has been made for the issue or
renewal of a relevant prescribed authorization, or the
issue of a relevant device retrieval warrant, under this
Ordinance;
(b) that a relevant prescribed authorization has been issued
or renewed, or a relevant device retrieval warrant has
been issued, under this Ordinance;
(c) that any requirement has been imposed on any person
to provide assistance for the execution of a relevant
prescribed authorization or a relevant device retrieval
warrant;
(d) that any information has been obtained pursuant to a
relevant prescribed authorization.
(4) Notwithstanding subsection (2) or any other provision of
this Ordinance, where, for the purposes of any criminal
proceedings (whether being criminal proceedings instituted
for an offence or any related proceedings), any information
obtained pursuant to a relevant prescribed authorization and
continuing to be available to the department concerned might
reasonably be considered capable of undermining the case for
Last updated date
24.6.2016
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