INTERCEPTION OF COMMUNICATIONS AND
SURVEILLANCE ORDINANCE
57. Discontinuance of interception or covert surveillance
(1) If the officer by whom any regular review is or has been conducted under section 56(1) or (2) is of the opinion that the ground for discontinuance of a prescribed authorization exists, he shall, as soon as reasonably practicable after forming the opinion, cause the interception or covert surveillance concerned to be discontinued.
(2) Without prejudice to subsection (1), where a prescribed authorization has been issued or renewed under this Ordinance, the officer of the department concerned who is for the time being in charge of the interception or covert surveillance concerned—
- (a) shall, as soon as reasonably practicable after he becomes aware that the ground for discontinuance of the prescribed authorization exists, cause the interception or covert surveillance to be discontinued; and
- (b) may at any time cause the interception or covert surveillance to be discontinued.
(3) Where any officer has caused any interception or covert surveillance to be discontinued, whether under subsection (1) or (2), he shall, as soon as reasonably practicable after the discontinuance, cause a report on the discontinuance and the ground for the discontinuance to be provided to the relevant authority to whom an application under this Ordinance for the issue or renewal of the prescribed authorization concerned has last been made.
(4) Where the relevant authority receives a report under subsection (3), he shall, as soon as reasonably practicable after receiving the report, revoke the prescribed authorization concerned.
(5) Where any prescribed authorization is revoked under subsection (4), the prescribed authorization is, notwithstanding the relevant duration provision, to cease to have effect from the time of the revocation.
(6) If, at the time of the provision of a report to the relevant authority under subsection (3), the relevant authority is no longer holding his office or performing the relevant functions of his office—
- (a) without prejudice to section 54 of the Interpretation and General Clauses Ordinance (Cap. 1), the reference to relevant authority in that subsection includes the person for the time being appointed as a panel judge or authorizing officer (as the case may be) and lawfully performing the relevant functions of the office of that relevant authority; and
- (b) the provisions of this section are to apply accordingly.
(7) For the purposes of this section, the ground for discontinuance of a prescribed authorization exists if the conditions for the continuance of the prescribed authorization under section 3 are not met.
(8) In this section, “relevant duration provision” (有關時限條文) means section 10(b), 13(b), 16(b), 19(b) or 22(1)(b) (as may be applicable).
