INTERCEPTION OF COMMUNICATIONS AND
SURVEILLANCE ORDINANCE
- (b) in any case whether or not the prescribed authorization or renewal still has effect upon the expiration of the period, the head of the department concerned shall—
- (i) cause the immediate destruction of any information obtained by carrying out the interception or covert surveillance concerned; and
- (ii) without prejudice to section 54, submit to the Commissioner a report with details of the case.
(4) Where the prescribed authorization or renewal is regarded as revoked under subsection (3)(a), the prescribed authorization or renewal is, notwithstanding the relevant duration provision, to cease to have effect from the time of the revocation.
(5) If, at the time of an application for confirmation of the prescribed authorization or renewal as provided for in subsection (1), the relevant authority is no longer holding his office or performing the relevant functions of his office—
- (a) without prejudice to section 54 of the Interpretation and General Clauses Ordinance (Cap. 1), the reference to relevant authority in that subsection includes the person for the time being appointed as a panel judge or authorizing officer (as the case may be) and lawfully performing the relevant functions of the office of that relevant authority; and
- (b) the provisions of this section and section 27 are to apply accordingly.
(6) In this section— “relevant duration provision” (有關時限條文) means section 10(b), 13(b), 16(b) or 19(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).
27. Determination of application for confirmation of prescribed authorization or renewal issued or granted upon oral application
(1) Upon considering an application for confirmation of a prescribed authorization or renewal as provided for in section 26(1), the relevant authority may, subject to subsection (2)—
- (a) confirm the prescribed authorization or renewal; or
- (b) refuse to confirm the prescribed authorization or renewal.
(2) The relevant authority shall not confirm the prescribed authorization or renewal unless he is satisfied that the relevant conditions provision has been complied with in the issue or grant of the prescribed authorization or renewal.
