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(2) On being notified of the findings of the Commissioner under subsection (1), the head of the department shall submit to the Commissioner a report with details of any measures taken by the department (including any disciplinary action taken in respect of any officer) to address any issues identified in the findings, as soon as reasonably practicable after the notification or, where the Commissioner has specified any period for submission of the report when giving the notification, within that period.

(3) Without prejudice to sections 49 and 50, the Commissioner may, whether before or after the head of the department has submitted a report to him under subsection (2), refer the findings and any other matters he thinks fit to the Chief Executive, the Secretary for Justice or any panel judge or any or all of them.

Division 3—Examinations by Commissioner

43. Application for examination

(1) A person may apply to the Commissioner for an examination under this Division, if he suspects—

(a) that any communication transmitted to or by him has been intercepted by an officer of a department; or

(b) that he is the subject of any covert surveillance that has been carried out by an officer of a department.

(2) The application is to be made in writing.

44. Examination by Commissioner

(1) Where the Commissioner receives an application under section 43, he shall, subject to section 45, carry out an examination to determine—

(a) whether or not the interception or covert surveillance alleged has taken place; and

(b) if so, whether or not the interception or covert surveillance alleged has been carried out by an officer of a department without the authority of a prescribed authorization.

(2) If, on an examination, the Commissioner, having regard to section 46(1), determines that the interception or covert surveillance alleged has been carried out by an officer of a department without the authority of a prescribed authorization, he shall as soon as reasonably practicable give notice to the applicant—

(a) stating that he has found the case in the applicant’s favour and indicating whether the case is one of interception or covert surveillance and the duration of the interception or covert surveillance; and