INTERCEPTION OF COMMUNICATIONS AND
SURVEILLANCE ORDINANCE
- (a) any contents of a communication that have been obtained pursuant to a relevant prescribed authorization; or
- (b) a copy of such contents.
62. Information subject to legal professional privilege to remain privileged
Any information that is subject to legal professional privilege is to remain privileged notwithstanding that it has been obtained pursuant to a prescribed authorization.
63. Code of practice
(1) The Secretary for Security shall issue a code of practice for the purpose of providing practical guidance to officers of the departments in respect of matters provided for in this Ordinance.
(2) Without limiting the generality of subsection (1), the Secretary for Security may in the code of practice specify the form of any application to be made to a panel judge under this Ordinance.
(3) The Secretary for Security may from time to time revise the whole or any part of the code of practice, in a manner consistent with his power to issue the code under this section, and, unless the context otherwise requires, any reference to the code of practice, whether in this Ordinance or otherwise, is to be construed as a reference to the code as so revised.
(4) Any officer of a department shall, in performing any function under or for the purposes of any provision of this Ordinance, comply with the provisions of the code of practice.
(5) A failure on the part of any person to comply with any provision of the code of practice—
- (a) is for all purposes not of itself to be regarded as a failure to comply with any provision of this Ordinance; and
- (b) without prejudice to paragraph (a), does not affect the validity of any prescribed authorization or device retrieval warrant.
PART 6
Miscellaneous
64. Prescribed authorizations and device retrieval warrants not affected by minor defects
(1) A prescribed authorization or device retrieval warrant is not affected by any minor defect relating to it.
