INTERCEPTION OF COMMUNICATIONS AND
SURVEILLANCE ORDINANCE
47. Notifications to departments concerned, etc.
(1) Where, on an examination, the Commissioner makes a determination referred to in section 44(2), he shall notify the head of the department concerned of the determination, including any order or findings he has made in the examination.
(2) On being given the notification 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 arising from the determination, 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 determination 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 4—Notifications by Commissioner
48. Notifications to relevant persons
(1) If, in the course of performing any of his functions under this Ordinance, the Commissioner, having regard to subsection (5), considers that there is any case in which any interception or covert surveillance has been carried out by an officer of a department without the authority of a prescribed authorization, subject to subsection (6), the Commissioner shall as soon as reasonably practicable give notice to the relevant person—
- (a) stating that there has been such a case and indicating whether the case is one of interception or covert surveillance and the duration of the interception or covert surveillance; and
- (b) informing the relevant person of his right to apply to the Commissioner for an examination in respect of the interception or covert surveillance.
(2) Where the relevant person makes an application for an examination in respect of the interception or covert surveillance within 6 months after receipt of the notice or within such further period as the Commissioner may allow, the Commissioner shall, notwithstanding anything in section 45(1)(a) but subject to the other provisions of section 45, make a determination referred to in section 44(2), and the provisions of this Ordinance are to apply accordingly.
