Page:Interception of Communications and Surveillance Ordinance (Cap. 589).pdf/63

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INTERCEPTION OF COMMUNICATIONS AND
SURVEILLANCE ORDINANCE—SCHEDULE 3

Ord. No. 20 of 2006
A1317


PART 2
Application for Issue of Judge’s Authorization for Type 1 Surveillance

An affidavit supporting an application for the issue of a judge’s authorization for Type 1 surveillance is to—

(a) state which of the purposes specified in section 3(1)(a)(i) and (ii) of this Ordinance is sought to be furthered by carrying out the Type 1 surveillance;
(b) set out—
(i) the form of the Type 1 surveillance (including the kind or kinds of any devices to be used) and the information sought to be obtained by carrying out the Type 1 surveillance;
(ii) if known, the identity of any person who is to be the subject of the Type 1 surveillance;
(iii) the identity of any person, other than that referred to in subparagraph (ii), who may be affected by the Type 1 surveillance or, if the identity of such person is not known, the description of any such person or class of such persons who may be affected by the Type 1 surveillance;
(iv) if known, particulars of any premises or any object or class of objects in or on which the Type 1 surveillance is to be carried out;
(v) the proposed duration of the Type 1 surveillance;
(vi) the grounds for the reasonable suspicion specified in section 3(1)(b) of this Ordinance;
(vii) the following information—
(A) where the purpose sought to be furthered by carrying out the Type 1 surveillance is that specified in section 3(1)(a)(i) of this Ordinance, the particular serious crime to be prevented or detected and an assessment of its immediacy and gravity; or
(B) where the purpose sought to be furthered by carrying out the Type 1 surveillance is that specified in section 3(1)(a)(ii) of this Ordinance, the particular threat to public security, an assessment of its immediacy and gravity, and an assessment of its impact, both direct and indirect, on the security of Hong Kong, the residents of Hong Kong, or other persons in Hong Kong;
(viii) the benefits likely to be obtained by carrying out the Type 1 surveillance;