INTERCEPTION OF COMMUNICATIONS AND
SURVEILLANCE ORDINANCE
(2) The panel judge shall not confirm the emergency authorization unless he is satisfied that section 21(2)(b) has been complied with in the issue of the emergency authorization.
(3) Where the panel judge refuses to confirm the emergency authorization under subsection (1)(b), he may make one or more of the following orders—
- (a) in any case where the emergency authorization still has effect at the time of the determination, an order that the emergency authorization is, notwithstanding any other provision of this Ordinance—
- (i) to be revoked upon the making of the determination; or
- (ii) only to have effect subject to the variations specified by him, from the time of the determination;
- (b) in any case whether or not the emergency authorization still has effect at the time of the determination, an order that the head of the department concerned shall cause the immediate destruction of—
- (i) subject to subparagraph (ii), any information obtained by carrying out the interception or Type 1 surveillance concerned; or
- (ii) where paragraph (a)(ii) applies, any information obtained by carrying out the interception or Type 1 surveillance concerned that is specified in the order.
(4) Where the emergency authorization is revoked under subsection (3)(a)(i), the emergency authorization is, notwithstanding section 22(1)(b), to cease to have effect from the time of the revocation.
(5) The panel judge shall deliver his determination under subsection (1) by—
- (a) in the case of subsection (1)(a), endorsing his confirmation on the emergency authorization in writing; or
- (b) in the case of subsection (1)(b), giving the reason for the refusal and making any order under subsection (3) in writing.
Division 5—Special Provisions for Oral Applications
Oral applications
25. Oral application and its effect
(1) Notwithstanding the relevant written application provision, an application for the issue or renewal of a prescribed authorization under this Ordinance may be made orally, if the applicant considers that, having regard to all the circumstances of the case, it is not reasonably practicable to make the application in accordance with the relevant written application provision.
