Cap 589 s 69 Transitional arrangements (INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE)

Contents of Section

Chapter:	589	Title:	INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE	Gazette Number:	20 of 2006
Section:	69	Heading:	Transitional arrangements	Version Date:	09/08/2006

(1) Where any materials have been obtained by or on behalf of any department by carrying out any telecommunications interception pursuant to an order issued or renewed before the commencement of this Ordinance under section 33 of the Telecommunications Ordinance (Cap 106), section 59 applies, with necessary modifications, to the materials, to the extent that they are any of the contents of the communication intercepted or a copy of such contents, as if—

(a) the order were a prescribed authorization issued or renewed under this Ordinance, and accordingly—

(i) the materials were protected product; and

(ii) the application for the issue or renewal of the order were an application for the issue or renewal of a prescribed authorization under this Ordinance; and

(b) the purpose sought to be furthered by carrying out the operation required to be carried out under the order were the relevant purpose of the order.

(2) Subsection (1) is in addition to and not in derogation of section 23 of the Interpretation and General Clauses Ordinance (Cap 1).
(3) Nothing in this section operates to validate or authorize any telecommunications interception carried out pursuant to an order referred to in subsection (1).
(4) In this section, "copy" (文本), in relation to any contents of a communication referred to in subsection (1), means any of the following (whether or not in documentary form)—

(a) any copy, extract or summary of such contents;

(b) any record referring to the telecommunications interception referred to in subsection (1) which is a record showing, directly or indirectly, the identity of any person who is the sender or intended recipient of the communication.