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Chapter:

589 PDFTitle:INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCEGazette Number:20 of 2006
Schedule:2Heading:PROCEDURES OF, AND OTHER MATTERS RELATING TO, PANEL JUDGEVersion Date:09/08/2006

[sections 6, 53 & 67]

1. Provisions for consideration of applications
by panel judge

(1) A panel judge shall consider any application made to him under this Ordinance in private.
(2) Without prejudice to subsection (1), the application may, where the panel judge so directs, be considered outside the court precincts at any place other than the premises of a department.
(3) The panel judge may consider the application in such manner as he considers appropriate.

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,
and the provisions of subsection (3) apply, with necessary modifications, to the packet so sealed as they apply to the packet referred to in subsection (1).
(5) Nothing in this section prevents any of the documents and records referred to in subsection (1), or any copies of such documents and records, to be made available to the department concerned, whether for the purposes of any relevant written determination provision or pursuant to an order of a panel judge.
(6) In this section, "relevant written determination provision" (有關書面決定條文) means section 9(3), 12(3), 24(5) (whether with or without reference to section 28 of this Ordinance), 27(5) or 34(3) of this Ordinance.