INTERCEPTION OF COMMUNICATIONS AND
SURVEILLANCE ORDINANCE
- (b) inviting the applicant to confirm whether the applicant wishes to seek an order for the payment of compensation under the application, and if so, to make written submissions to him for that purpose.
(3) Upon receiving confirmation from the applicant that an order for the payment of compensation is sought, the Commissioner, upon taking into account any written submissions made to him for that purpose, may make any order for the payment of compensation by the Government to the applicant.
(4) The compensation ordered to be paid under subsection (3) may include compensation for injury of feelings.
(5) If, on an examination, the Commissioner makes a determination other than that referred to in subsection (2), he shall as soon as reasonably practicable give notice to the applicant stating that he has not found the case in the applicant’s favour.
(6) Notwithstanding subsections (2), (3) and (5), the Commissioner shall only give a notice or make an order under those subsections when he considers that the giving of the notice or the making of the order (as the case may be) would not be prejudicial to the prevention or detection of crime or the protection of public security.
(7) The Commissioner shall not make a determination referred to in subsection (2) in respect of an interception if the interception is within the description of section 4(2)(b) or (c).
45. Grounds for not carrying out examination, etc.
(1) Where, before or in the course of an examination, the Commissioner considers—
- (a) that the application for the examination is received by the Commissioner more than 1 year after the day on which the interception or covert surveillance is alleged to have taken place or, where the interception or covert surveillance is alleged to have taken place on more than 1 day, the last occasion on which it is alleged to have taken place, and that it is not unfair for him not to carry out the examination;
- (b) that the application is made anonymously;
- (c) that the applicant cannot, after the use of reasonable efforts, be identified or traced; or
- (d) that, having regard to all the circumstances of the case, the application is frivolous or vexatious or is not made in good faith,
the Commissioner may refuse to carry out the examination or, where the examination has been commenced, to proceed with the carrying out of the examination (including the making of any determination further to the examination).
