Page:Interception of Communications and Surveillance Ordinance (Cap. 589).pdf/22

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INTERCEPTION OF COMMUNICATIONS AND
SURVEILLANCE ORDINANCE

Ord. No. 20 of 2006
A1235


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

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

(4) An executive authorization may be renewed more than once under this Ordinance.

19. Duration of renewal of executive authorization

A renewal of an executive authorization—

(a) takes effect at the time when the executive 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 authorizing officer 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.

Division 4—Emergency Authorizations

Issue of emergency authorizations

20. Application for emergency authorization for interception or Type 1 surveillance in case of emergency

(1) An officer of a department may apply to the head of the department for the issue of an emergency authorization for any interception or Type 1 surveillance to be carried out by or on behalf of any of the officers of the department, if he considers that—

(a) there is immediate need for the interception or Type 1 surveillance to be carried out by reason of an imminent risk of—
(i) death or serious bodily harm of any person;
(ii) substantial damage to property;
(iii) serious threat to public security; or
(iv) loss of vital evidence; and
(b) having regard to all the circumstances of the case, it is not reasonably practicable to apply for the issue of a judge’s authorization for the interception or Type 1 surveillance.