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575 PDFTitle:United Nations (Anti-Terrorism Measures) OrdinanceGazette Number:E.R. 2 of 2012
Section:12BHeading:Order to make material availableVersion Date:02/08/2012

(1) The Secretary for Justice or an authorized officer may, for the purpose of an investigation into a relevant offence, make an ex parte application to the Court for an order under subsection (2) in relation to particular material or to material of a particular description, whether in the HKSAR or, in the case of an application by the Secretary for Justice, elsewhere.
(2) Subject to subsection (6), the Court may, if on such an application it is satisfied that the conditions referred to in subsection (5) are fulfilled, make an order-

    (a) that the person who appears to the Court to be in possession of the material to which the application relates shall-
        (i) produce the material to an authorized officer for him to take away; or
        (ii) give an authorized officer access to it,
    within such period as the order may specify;
    (b) that the person who appears to the Court likely to come into possession of the material to which the application relates shall, when the person comes into possession of any such material-
        (i) produce the material to an authorized officer for him to take away; or
        (ii) give an authorized officer access to it,
    within such period as the order may specify; or
    (c) in terms both of paragraphs (a) and (b).
(3) An order under subsection (2), in so far as it is in terms of paragraph (b) of that subsection, shall cease to have effect upon the expiration of 3 months after the day on which the order is made, or upon the expiration of such lesser period, if any, as is specified in the order for the purpose, but nothing in this subsection shall-
    (a) affect any obligation incurred under that order prior to its expiration;
    (b) prevent, in relation to the person required to comply with that order, any further order being made under that subsection in respect of that person (including before the expiration of that first-mentioned order).
(4) The period to be specified in an order under subsection (2) shall be 7 days unless it appears to the Court that a longer or shorter period would be appropriate in the particular circumstances of the application.
(5) The conditions referred to in subsection (2) are-
    (a) that there are reasonable grounds for suspecting that the relevant offence has been committed;
    (b) that there are reasonable grounds for believing that the material to which the application relates is likely to be relevant to the investigation for the purpose of which the application is made;
    (c) that there are reasonable grounds for believing that it is in the public interest, having regard-
        (i) to the benefit likely to accrue to the investigation if the material is obtained; and
        (ii) to the circumstances under which the person in possession of the material holds it,
    that the material should be produced or that access to it should be given.
(6) Where an application under subsection (1) relates to material of a particular description, an order under subsection (2) shall only be made where an application in relation to particular material is not practicable.
(7) Where the Court makes an order under subsection (2)(a)(ii) or (b)(ii) in relation to material on any premises it may, on the same or a subsequent application of an authorized officer, order any person who appears to it to be entitled to grant entry to the premises to allow an authorized officer to enter the premises to obtain access to the material.
(8) An application for the revocation or variation of an order under subsection (2) or (7) may be made by any person who is subject to the order.
(9) Where material to which an application under this section relates consists of information recorded otherwise than in legible form-
    (a) an order under subsection (2)(a)(i) or (b)(i) shall have effect as an order to produce the material in a form in which it can be taken away; and
    (b) an order under subsection (2)(a)(ii) or (b)(ii) shall have effect as an order to give access to the material in a form in which it is visible and legible.
(10) Where an order under subsection (2)(a)(i) or (b)(i) relates to information recorded otherwise than in legible form, an authorized officer may, by notice in writing served on the person, require the person to produce the material in a form in which it is visible and legible and can be taken away, and may by like notice release the person from any obligation under the order to produce the material in the form in which it was recorded.
(11) Subject to section 2(5)(a), (b) and (c), a person is not excused from producing any material in relation to which an order under subsection (2) is made on the ground that to do so would breach an obligation as to secrecy or another restriction upon the disclosure of information imposed by statute or otherwise.
(12) An authorized officer may photograph or make copies of any material produced under this section.
(Added 21 of 2004 s. 12)