Page:Interception of Communications and Surveillance Ordinance (Cap. 589).pdf/48

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INTERCEPTION OF COMMUNICATIONS AND
SURVEILLANCE ORDINANCE

Ord. No. 20 of 2006
A1287


(3) Notwithstanding any other provision of this Ordinance or any other law, any person on whom a requirement is imposed by the Commissioner under subsection (1) shall comply with the requirement.

(4) Except as otherwise provided in this Ordinance, the Commissioner shall not be required to produce in any court or to divulge or communicate to any court, or to provide or disclose to any person, any information, document or other matter compiled by, or made available to, him in the course of performing any of his functions under this Ordinance.

(5) Except as otherwise provided in this Ordinance, the Commissioner may determine the procedure to be adopted in performing any of his functions under this Ordinance.

54. General obligations of departments to report on non-compliance

Without prejudice to other provisions of this Part, where the head of any department considers that there may have been any case of failure by the department or any of its officers to comply with any relevant requirement, he shall submit to the Commissioner a report with details of the case (including any disciplinary action taken in respect of any officer).

55. Commissioner not regarded as court

In performing any of his functions under this Ordinance, the Commissioner is for all purposes not regarded as a court or a member of a court.

PART 5
Further Safeguards

56. Regular reviews

(1) The head of each department shall make arrangements to keep under regular review the compliance by officers of the department with the relevant requirements.

(2) Without prejudice to subsection (1), where the head of any department has made any designation under section 7, he shall make arrangements for officers of a rank higher than those held by the authorizing officers of the department to keep under regular review the performance by the authorizing officers of any function under this Ordinance.