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58. Reports to relevant authorities following arrests

(1) Where, further to the issue or renewal of a prescribed authorization under this Ordinance, the officer of the department concerned who is for the time being in charge of the interception or covert surveillance concerned becomes aware that the subject of the interception or covert surveillance has been arrested, the officer shall, as soon as reasonably practicable after he becomes aware of the matter, cause to be provided to the relevant authority by whom the prescribed authorization has been issued or renewed a report assessing the effect of the arrest on the likelihood that any information which may be subject to legal professional privilege will be obtained by continuing the interception or covert surveillance.

(2) Where the relevant authority receives a report under subsection (1), he shall revoke the prescribed authorization if he considers that the conditions for the continuance of the prescribed authorization under section 3 are not met.

(3) Where the prescribed authorization is revoked under subsection (2), the prescribed authorization is, notwithstanding the relevant duration provision, to cease to have effect from the time of the revocation.

(4) If, at the time of the provision of a report to the relevant authority under subsection (1), the relevant authority is no longer holding his office or performing the relevant functions of his office—

(a) without prejudice to section 54 of the Interpretation and General Clauses Ordinance (Cap. 1), the reference to relevant authority in that subsection includes the person for the time being appointed as a panel judge or authorizing officer (as the case may be) and lawfully performing the relevant functions of the office of that relevant authority; and

(b) the provisions of this section are to apply accordingly.

(5) In this section, “relevant duration provision” (有關時限條文) means section 10(b), 13(b), 16(b), 19(b) or 22(1)(b) (as may be applicable).

59. Safeguards for protected products

(1) Where any protected product has been obtained pursuant to any prescribed authorization issued or renewed under this Ordinance on an application by any officer of a department, the head of the department shall make arrangements to ensure—

(a) that the following are limited to the minimum that is necessary for the relevant purpose of the prescribed authorization—

(i) the extent to which the protected product is disclosed;

(ii) the number of persons to whom any of the protected product is disclosed;

(iii) the extent to which the protected product is copied; and

(iv) the number of copies made of any of the protected product;