Page:Interception of Communications and Surveillance Ordinance (Cap. 589).pdf/60

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INTERCEPTION OF COMMUNICATIONS AND
SURVEILLANCE ORDINANCE—SCHEDULE 2

Ord. No. 20 of 2006
A1311


2. Further powers of panel judge

For the purpose of performing any of his functions under this Ordinance, a panel judge may administer oaths and take affidavits.

3. Provisions for documents and records compiled by or made available to panel judge

(1) A panel judge shall cause all documents and records compiled by, or made available to, him for any purpose related to the performance of any of his functions under this Ordinance to be kept in a packet sealed by his order, as soon as they are no longer immediately required for the purpose of performing any of his functions under this Ordinance.

(2) Notwithstanding subsection (1), a panel judge to whom any documents or records are made available in the circumstances described in that subsection shall—

(a) cause a copy of each of the documents or records so made available to him to be certified by affixing his seal to it and signing on it; and
(b) cause the copy so certified to be made available to the department concerned.

(3) Where any documents or records are kept in a packet under subsection (1)—

(a) the packet is to be kept in a secure place specified by a panel judge;
(b) the packet may not be opened, and the documents or records may not be removed from the packet, except pursuant to an order of a panel judge made for the purpose of performing any of his functions under this Ordinance (including those performed at the request of the Commissioner under section 53(2) of this Ordinance); and
(c) the packet, and the documents or records, may not be destroyed except pursuant to an order of a panel judge.

(4) Where any packet is opened pursuant to any order of a panel judge referred to in subsection (3)(b)—

(a) if any documents or records have been removed from the packet, the panel judge shall cause the documents or records to be returned to be kept in the packet, as soon as they are no longer immediately required for the purpose of performing any of his functions under this Ordinance; and
(b) the panel judge shall cause the packet to be sealed by his order, as soon as access to the documents or records kept in it is no longer immediately required for the purpose of performing any of his functions under this Ordinance,