Page:Interception of Communications and Surveillance Ordinance (Cap. 589).pdf/37

(c) the temporary removal of any conveyance or object from any premises for the retrieval of the devices or enhancement equipment and the return of the conveyance or object to the premises;

(d) the breaking open of anything for the retrieval of the devices or enhancement equipment; and

(e) the provision of assistance for the execution of the warrant.

(2) A device retrieval warrant which authorizes the retrieval of any tracking devices also authorizes the use of the tracking devices and any enhancement equipment for the tracking devices solely for the purposes of the location and retrieval of the tracking devices or enhancement equipment.

38. Device retrieval warrant may be issued subject to conditions

A device retrieval warrant may be issued subject to any conditions specified in it that apply to the warrant itself or to any further authorization under it (whether granted under its terms or any provision of this Ordinance).

PART 4
The Commissioner

Division 1—The Commissioner and his Functions

39. The Commissioner

(1) There is hereby established an office by the name of the Commissioner on Interception of Communications and Surveillance.

(2) The Chief Executive shall, on the recommendation of the Chief Justice, appoint an eligible judge to be the Commissioner.

(3) The Commissioner shall be appointed for a period of 3 years.

(4) The Commissioner shall be entitled to such remuneration and allowances as are determined by the Chief Executive.

(5) The Chief Executive may, on the recommendation of the Chief Justice, revoke the appointment of the Commissioner for good cause.

(6) A person previously appointed as the Commissioner may from time to time be further appointed as such in accordance with the provisions of this Ordinance that apply to the appointment of the Commissioner.

(7) In this section, “eligible judge” (合資格法官) means—

(a) a Justice of Appeal of the Court of Appeal;

(b) a judge of the Court of First Instance;

(c) a former permanent judge of the Court of Final Appeal;