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Chapter:

589 PDFTitle:INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCEGazette Number:20 of 2006
Section:48Heading:Notifications to relevant personsVersion Date:09/08/2006

(1) If, in the course of performing any of his functions under this Ordinance, the Commissioner, having regard to subsection (5), considers that there is any case in which any interception or covert surveillance has been carried out by an officer of a department without the authority of a prescribed authorization, subject to subsection (6), the Commissioner shall as soon as reasonably practicable give notice to the relevant person—

        (a) stating that there has been such a case and indicating whether the case is one of interception or covert surveillance and the duration of the interception or covert surveillance; and
        (b) informing the relevant person of his right to apply to the Commissioner for an examination in respect of the interception or covert surveillance.
(2) Where the relevant person makes an application for an examination in respect of the interception or covert surveillance within 6 months after receipt of the notice or within such further period as the Commissioner may allow, the Commissioner shall, notwithstanding anything in section 45(1)(a) but subject to the other provisions of section 45, make a determination referred to in section 44(2), and the provisions of this Ordinance are to apply accordingly.
(3) Notwithstanding subsection (1), the Commissioner shall only give a notice under that subsection when he considers that the giving of the notice would not be prejudicial to the prevention or detection of crime or the protection of public security.
(4) Without prejudice to subsection (3), in giving notice to a relevant person under subsection (1), the Commissioner shall not—
        (a) give reasons for his findings; or
        (b) give details of any interception or covert surveillance concerned further to those mentioned in subsection (1)(a).
(5) For the purposes of this section—
        (a) in considering whether any interception or covert surveillance has been carried out without the authority of a prescribed authorization, the Commissioner shall apply the principles applicable by a court on an application for judicial review; and
        (b) without limiting the generality of paragraph (a), the Commissioner may by applying those principles determine that any interception or covert surveillance has been carried out without the authority of a prescribed authorization notwithstanding the purported issue or renewal of any prescribed authorization.
(6) This section does not require the Commissioner to give any notice to a relevant person if—
        (a) the relevant person cannot, after the use of reasonable efforts, be identified or traced;
        (b) the Commissioner considers that the intrusiveness of the interception or covert surveillance concerned on the relevant person is negligible; or
        (c) in the case of interception, the interception is within the description of section 4(2)(b) or (c).
(7) In this section, "relevant person" (有關人士) means any person who is the subject of the interception or covert surveillance concerned.