INTERCEPTION OF COMMUNICATIONS AND
SURVEILLANCE ORDINANCE
(3) Where the relevant authority refuses to confirm the prescribed authorization or renewal under subsection (1)(b), he may make one or more of the following orders—
- (a) in any case where the prescribed authorization or renewal still has effect at the time of the determination, an order that the prescribed authorization or renewal 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 prescribed authorization or renewal 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 covert surveillance concerned; or
- (ii) where paragraph (a)(ii) applies, any information obtained by carrying out the interception or covert surveillance concerned that is specified in the order.
(4) Where the prescribed authorization or renewal is revoked under subsection (3)(a)(i), the prescribed authorization or renewal is, notwithstanding the relevant duration provision, to cease to have effect from the time of the revocation.
(5) The relevant authority shall deliver his determination under subsection (1) by—
- (a) in the case of subsection (1)(a), issuing the prescribed authorization or the renewed prescribed authorization (being the prescribed authorization confirmed under that subsection or being in terms of the renewal confirmed under that subsection (as the case may be)) 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.
(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)(b) (as may be applicable);
“relevant duration provision” (有關時限條文) means section 10(b), 13(b), 16(b), 19(b) or 22(1)(b) (as may be applicable).
