INTERCEPTION OF COMMUNICATIONS AND
SURVEILLANCE ORDINANCE
(2) Notwithstanding the relevant determination provision and without prejudice to the relevant conditions provision, where an oral application is made, the relevant authority shall not issue or grant the prescribed authorization or renewal sought under the application unless he is satisfied 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.
(3) Notwithstanding the relevant document provision, where an oral application is made, the information required to be provided for the purposes of the application under the relevant document provision may be provided orally (and accordingly any requirement as to the making of any affidavit or statement does not apply).
(4) Notwithstanding the relevant written determination provision, where an oral application is made, the relevant authority may deliver the determination required to be delivered in respect of the application under the relevant determination provision by—
- (a) issuing the prescribed authorization or the renewed prescribed authorization orally; or
- (b) where he refuses to issue or grant the prescribed authorization or renewal sought under the application, giving the reason for the refusal orally.
(5) Except as otherwise provided in this Division, any oral application and any prescribed authorization or renewal issued or granted as a result of that application are for all purposes regarded as having the same effect respectively as an application made in writing and a prescribed authorization or renewal issued or granted as a result of that application, and the provisions of this Ordinance are, subject to necessary modifications, to apply accordingly.
(6) In this section— “relevant conditions provision” (有關條件條文) means section 9(2), 12(2), 15(2), 18(2) or 21(2) (as may be applicable);
“relevant determination provision” (有關決定條文) means section 9(1), 12(1), 15(1), 18(1) or 21(1) (as may be applicable);
“relevant document provision” (有關文件條文) means section 8(2)(b), 11(2)(b), 14(2)(b), 17(2)(b) or 20(2)(b) (as may be applicable);
“relevant written application provision” (有關書面申請條文) means section 8(2)(a), 11(2)(a), 14(2)(a), 17(2)(a) or 20(2)(a) (as may be applicable);
“relevant written determination provision” (有關書面決定條文) means section 9(3), 12(3), 15(3), 18(3) or 21(3) (as may be applicable).
