Cap 589 s 49 Annual reports to Chief Executive by Commissioner (INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE)

Contents of Section

Chapter:	589	Title:	INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE	Gazette Number:	20 of 2006
Section:	49	Heading:	Annual reports to Chief Executive by Commissioner	Version Date:	09/08/2006

(1) The Commissioner shall, for each report period, submit a report to the Chief Executive.
(2) A report for a report period is to set out, separately in relation to interception and covert surveillance—

(a) a list showing—

(i) the respective numbers of judge's authorizations, executive authorizations and emergency authorizations issued under this Ordinance during the report period, and the average duration of the respective prescribed authorizations;

(ii) the respective numbers of judge's authorizations and executive authorizations renewed under this Ordinance during the report period, and the average duration of the respective renewals;

(iii) the respective numbers of judge's authorizations, executive authorizations and emergency authorizations issued as a result of an oral application under this Ordinance during the report period, and the average duration of the respective prescribed authorizations;

(iv) the respective numbers of judge's authorizations and executive authorizations renewed as a result of an oral application under this Ordinance during the report period, and the average duration of the respective renewals;

(v) the respective numbers of judge's authorizations and executive authorizations that have been renewed under this Ordinance during the report period further to 5 or more previous renewals;

(vi) the respective numbers of applications for the issue of judge's authorizations, executive authorizations and emergency authorizations made under this Ordinance that have been refused during the report period;

(vii) the respective numbers of applications for the renewal of judge's authorizations and executive authorizations made under this Ordinance that have been refused during the report period;

(viii) the respective numbers of oral applications for the issue of judge's authorizations, executive authorizations and emergency authorizations made under this Ordinance that have been refused during the report period; and

(ix) the respective numbers of oral applications for the renewal of judge's authorizations and executive authorizations made under this Ordinance that have been refused during the report period;

(b) a list showing—

(i) the major categories of offences for the investigation of which prescribed authorizations have been issued or renewed under this Ordinance during the report period; and

(ii) the number of persons arrested during the report period as a result of or further to any interception or covert surveillance carried out pursuant to a prescribed authorization;

(i) the number of device retrieval warrants issued under this Ordinance during the report period, and the average duration of the warrants; and

(ii) the number of applications for the issue of device retrieval warrants made under this Ordinance that have been refused during the report period;

(d) a list showing—

(i) a summary of reviews conducted by the Commissioner under section 41 during the report period;

(ii) the number and broad nature of any cases of irregularities or errors identified in the reviews during the report period;

(iii) the number of applications for examination that have been received by the Commissioner during the report period;

(iv) the respective numbers of notices given by the Commissioner under section 44(2) and section 44(5) during the report period further to examinations;

(v) the number of cases in which a notice has been given by the Commissioner under section 48 during the report period;

(vi) the broad nature of recommendations made by the Commissioner under sections 50, 51 and 52 during the report period;

(vii) the number of cases in which information subject to legal professional privilege has been obtained in consequence of any interception or covert surveillance carried out pursuant to a prescribed authorization during the report period; and

(viii) the number of cases in which disciplinary action has been taken in respect of any officer of a department according to any report submitted to the Commissioner under section 42, 47, 52 or 54 during the report period, and the broad nature of such action; and

(e) an assessment on the overall compliance with the relevant requirements during the report period.

(3) The report is to be submitted within 6 months after the expiry of the report period.
(4) The Chief Executive shall cause to be laid on the table of the Legislative Council a copy of the report, together with a statement as to whether any matter has been excluded from that copy under subsection (5) without the agreement of the Commissioner.
(5) If the Chief Executive considers that the publication of any matter in the report referred to in subsection (4) would be prejudicial to the prevention or detection of crime or the protection of public security, he may, after consultation with the Commissioner, exclude such matter from the copy of the report to be laid on the table of the Legislative Council under that subsection.
(6) In this section, "report period" (報告期間), in relation to a report required to be submitted under subsection (1), means—

(a) the period beginning on the commencement of this Ordinance and ending on 31 December in the same year; or

(b) any of the succeeding periods of 12 months ending on 31 December.