INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE
PART 3—Division 5
Section 26
3-34
Cap. 589
(3) In default of any application being made for confirmation of
the prescribed authorization or renewal within the period of
48 hours referred to in subsection (1), then—
(a) in any case where the prescribed authorization or
renewal still has effect upon the expiration of the
period, the prescribed authorization or renewal is,
notwithstanding any other provision of this Ordinance,
to be regarded as revoked upon the expiration of the
period; and
(b) in any case whether or not the prescribed authorization
or renewal still has effect upon the expiration of the
period, the head of the department concerned shall—
(i) cause the immediate destruction of any information
obtained by carrying out the interception or covert
surveillance concerned; and
(ii) without prejudice to section 54, submit to the
Commissioner a report with details of the case.
(4) Where the prescribed authorization or renewal is regarded as
revoked under subsection (3)(a), the prescribed authorization
or renewal is, notwithstanding the relevant duration provision,
to cease to have effect from the time of the revocation.
(5) If, at the time of an application for confirmation of the
prescribed authorization or renewal as provided for in
subsection (1), the relevant authority is no longer holding his
office or performing the relevant functions of his office—
(a) without prejudice to section 54 of the Interpretation
and General Clauses Ordinance (Cap. 1), the reference
to relevant authority in that subsection includes the
person for the time being appointed as a panel judge or
authorizing officer (as the case may be) and lawfully
performing the relevant functions of the office of that
relevant authority; and
Last updated date
24.6.2016
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