Page:Interception of Communications and Surveillance Ordinance (Cap. 589).pdf/30

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INTERCEPTION OF COMMUNICATIONS AND
SURVEILLANCE ORDINANCE

Ord. No. 20 of 2006
A1251


28. Special case of emergency authorization issued as a result of oral application

(1) Where an emergency authorization is issued as a result of an oral application, sections 26 and 27 do not apply if—

(a) an application for confirmation of the emergency authorization as provided for in section 23(1) has been made to a panel judge within the period of 48 hours referred to in that section; and
(b) the application is supported by—
(i) a record referred to in section 26(2)(b)(i);
(ii) an affidavit of the applicant which is to verify the contents of the statement provided under section 20(2)(b) for the purposes of the application for the issue of the emergency authorization or, where section 25(3) applies in relation to the oral application, all the information provided pursuant to section 25(3) for the purposes of the oral application; and
(iii) a copy of the emergency authorization or, where section 25(4) applies in relation to the oral application, a record in writing setting out the determination delivered pursuant to that section in respect of the oral application.

(2) Notwithstanding section 23(2)(b), the application described in subsection (1)(a) and (b) is for all purposes regarded as an application duly made for confirmation of the emergency authorization as provided for in section 23(1), and the provisions of this Ordinance are to apply accordingly (subject to section 24(5)(a) being read as requiring the panel judge to deliver his determination under section 24(1) by issuing the emergency authorization (being the emergency authorization confirmed under section 24(1)(a)) in writing).

Division 6—General Provisions for Prescribed Authorizations

Matters authorized, required or provided for by prescribed authorizations

29. What a prescribed authorization may authorize or require under or by virtue of its terms, etc.

(1) A prescribed authorization for interception may—

(a) in the case of a postal interception, contain terms that authorize one or both of the following—
(i) the interception of communications made to or from any premises or address specified in the prescribed authorization;