Page:Interception of Communications and Surveillance Ordinance (Cap. 589).pdf/20

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INTERCEPTION OF COMMUNICATIONS AND
SURVEILLANCE ORDINANCE

Ord. No. 20 of 2006
A1231


Division 3—Executive Authorizations

Issue of executive authorizations

14. Application for executive authorization for Type 2 surveillance

(1) An officer of a department may apply to an authorizing officer of the department for the issue of an executive authorization for any Type 2 surveillance to be carried out by or on behalf of any of the officers of the department.

(2) The application is—

(a) to be made in writing; and
(b) to be supported by a statement in writing made by the applicant which is to comply with the requirements specified in Part 3 of Schedule 3.

15. Determination of application for executive authorization

(1) Upon considering an application for the issue of an executive authorization made under section 14, the authorizing officer may, subject to subsection (2)—

(a) issue the executive authorization sought under the application, with or without variations; or
(b) refuse to issue the executive authorization.

(2) The authorizing officer shall not issue the executive authorization unless he is satisfied that the conditions for its issue under section 3 have been met.

(3) The authorizing officer shall deliver his determination under subsection (1) by—

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

16. Duration of executive authorization

An executive authorization—

(a) takes effect at the time specified by the authorizing officer when issuing the executive authorization, which in any case is not to be earlier than the time when it is issued; and