Page:Interception of Communications and Surveillance Ordinance (Cap. 589).pdf/47

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INTERCEPTION OF COMMUNICATIONS AND
SURVEILLANCE ORDINANCE

Ord. No. 20 of 2006
A1285


52. Recommendations to departments

(1) If, in the course of performing any of his functions under this Ordinance, the Commissioner considers that any arrangements made by any department should be changed to better carry out the objects of this Ordinance or the provisions of the code of practice, he may make such recommendations to the head of the department as he thinks fit.

(2) Where the Commissioner makes any recommendations to the head of the department 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 implement the recommendations, as soon as reasonably practicable after the recommendations have been made or, where the Commissioner has specified any period for submission of the report when making the recommendations, 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 recommendations 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 6—Further Provisions Relating to Performance of Functions by Commissioner

53. Further powers of Commissioner

(1) For the purpose of performing any of his functions under this Ordinance, the Commissioner may—

(a) require any public officer or any other person to answer any question, and to provide any information, document or other matter in his possession or control to the Commissioner, within the time and in the manner specified by the Commissioner when making the requirement; and
(b) require any officer of a department to prepare any report on any case of interception or covert surveillance handled by the department, or on any class of such cases, within the time and in the manner specified by the Commissioner when making the requirement.

(2) For the purpose of performing any of his functions under this Ordinance, the Commissioner may request a panel judge to provide him with access to any of the documents or records kept under section 3 of Schedule 2.