INTERCEPTION OF COMMUNICATIONS AND
SURVEILLANCE ORDINANCE
(3) Notwithstanding subsection (1), the Commissioner shall only give a notice under that subsection when he considers that the giving of the notice would not be prejudicial to the prevention or detection of crime or the protection of public security.
(4) Without prejudice to subsection (3), in giving notice to a relevant person under subsection (1), the Commissioner shall not—
- (a) give reasons for his findings; or
- (b) give details of any interception or covert surveillance concerned further to those mentioned in subsection (1)(a).
(5) For the purposes of this section—
- (a) in considering whether any interception or covert surveillance has been carried out without the authority of a prescribed authorization, the Commissioner shall apply the principles applicable by a court on an application for judicial review; and
- (b) without limiting the generality of paragraph (a), the Commissioner may by applying those principles determine that any interception or covert surveillance has been carried out without the authority of a prescribed authorization notwithstanding the purported issue or renewal of any prescribed authorization.
(6) This section does not require the Commissioner to give any notice to a relevant person if—
- (a) the relevant person cannot, after the use of reasonable efforts, be identified or traced;
- (b) the Commissioner considers that the intrusiveness of the interception or covert surveillance concerned on the relevant person is negligible; or
- (c) in the case of interception, the interception is within the description of section 4(2)(b) or (c).
(7) In this section, “relevant person” (有關人士) means any person who is the subject of the interception or covert surveillance concerned.
Division 5—Reports and Recommendations by Commissioner
49. Annual reports to Chief Executive by Commissioner
(1) The Commissioner shall, for each report period, submit a report to the Chief Executive.
(2) A report for a report period is to set out, separately in relation to interception and covert surveillance—
- (a) a list showing—
