Page:Interception of Communications and Surveillance Ordinance (Cap. 589).pdf/19

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INTERCEPTION OF COMMUNICATIONS AND
SURVEILLANCE ORDINANCE

Ord. No. 20 of 2006
A1229


(3) An application may not be made under subsection (1) unless the making of the application has been approved by a directorate officer of the department concerned.

12. Determination of application for renewal of judge’s authorization

(1) Upon considering an application for the renewal of a judge’s authorization made under section 11, the panel judge may, subject to subsection (2)—

(a) grant the renewal sought under the application, with or without variations; or
(b) refuse to grant the renewal.

(2) The panel judge shall not grant the renewal unless—

(a) he is satisfied that the conditions for the renewal under section 3 have been met; and
(b) without limiting the generality of paragraph (a), he has taken into consideration the period for which the judge’s authorization has had effect since its first issue.

(3) The panel judge shall deliver his determination under subsection (1) by—

(a) in the case of subsection (1)(a), issuing the renewed judge’s authorization in writing; or
(b) in the case of subsection (1)(b), giving the reason for the refusal in writing.

(4) A judge’s authorization may be renewed more than once under this Ordinance.

13. Duration of renewal of judge’s authorization

A renewal of a judge’s authorization—

(a) takes effect at the time when the judge’s authorization would have ceased to have effect but for the renewal; and
(b) subject to any further renewal under this Division, ceases to have effect upon the expiration of the period specified by the panel judge when granting the renewal, which in any case is not to be longer than the period of 3 months beginning with the time when it takes effect.