Page:Interception of Communications and Surveillance Ordinance (Cap. 589).pdf/9

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INTERCEPTION OF COMMUNICATIONS AND
SURVEILLANCE ORDINANCE

Ord. No. 20 of 2006
A1209


“data surveillance device” (數據監察器材)—

(a) means any device or program used to monitor or record the input of information into, or the output of information from, any information system by electronic means; but
(b) does not include an optical surveillance device;

“department” (部門)—

(a) in relation to interception (including any application for the issue or renewal of a prescribed authorization for interception, any prescribed authorization for interception and any other matter relating to interception), means a department specified in Part 1 of Schedule 1;
(b) in relation to covert surveillance (including any application for the issue or renewal of a prescribed authorization for covert surveillance, any prescribed authorization for covert surveillance and any other matter relating to covert surveillance), means a department specified in Part 2 of Schedule 1; or
(c) in relation to any other matter provided for in this Ordinance, means a department specified in Part 1 or 2 of Schedule 1;

“device” (器材) includes any instrument, apparatus and equipment;

“device retrieval warrant” (器材取出手令) means a device retrieval warrant issued under section 34 (and, where the context requires, includes a device retrieval warrant to be issued under that section);

“directorate officer” (首長級人員) means an officer not below a rank equivalent to that of chief superintendent of police;

“emergency authorization” (緊急授權) means an emergency authorization issued under Division 4 of Part 3 (and, where the context requires, includes an emergency authorization to be issued under that Division);

“enhancement equipment” (增強設備), in relation to a device, means any equipment used to enhance a signal, image or other information obtained by the use of the device;

“examination” (審查) means an examination (including consideration of the application for the examination) carried out under Division 3 of Part 4 (and, where the context requires, includes such an examination to be carried out under that Division);

“executive authorization” (行政授權) means an executive authorization issued or renewed under Division 3 of Part 3 (and, where the context requires, includes an executive authorization to be issued or renewed under that Division);

“function” (職能) includes power and duty;

“head” (首長), in relation to a department, includes any deputy head of the department;

“information system” (資訊系統) has the meaning assigned to it by section 2(1) of the Electronic Transactions Ordinance (Cap. 553);