### Interception of Communications and Surveillance Ordinance 《截取通訊及監察條例》

46. Further provisions relating to examinations
(1) For the purposes of an examination—
(a) in determining 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.
(2) Subject to section 53(1), the Commissioner shall carry out an examination on the basis of written submissions made to him.
(3) Without prejudice to section 53(4), for the purposes of an examination, the applicant is not entitled to have access to any information, document or other matter (including any protected product, whether or not it contains any information that is or may be subject to legal professional privilege) compiled by, or made available to, the Commissioner in connection with the examination. (Amended 21 of 2016 s. 11)
(4) Without prejudice to section 44(6), in giving notice to an applicant or making any order under section 44(2), (3) or (5), the Commissioner shall not—
(a) give reasons for his determination;
(b) give details of any interception or covert surveillance concerned further to those mentioned in section 44(2)(a); or
(c) in the case of section 44(5), indicate whether or not the interception or covert surveillance alleged has taken place.

47. Notifications to departments concerned, etc.
(1) Where, on an examination, the Commissioner makes a determination referred to in section 44(2), he shall notify the head of the department concerned of the determination, including any order or findings he has made in the examination.
(2) On being given the notification under subsection (1), the head of the department shall submit to the Commissioner a report with details of any measures taken by the department (including any disciplinary action taken in respect of any officer) to address any issues arising from the determination, as soon as reasonably practicable after the notification or, where the Commissioner has specified any period for submission of the report when giving the notification, within that period.
(3) Without prejudice to sections 49 and 50, the Commissioner may, whether before or after the head of the department has submitted a report to him under subsection (2), refer the determination and any other matters he thinks fit to the Chief Executive, the Secretary for Justice or any panel judge or any or all of them.

### Interception of Communications and Surveillance Ordinance 《截取通訊及監察條例》

51. Recommendations to Secretary for Security on code of practice
(1) If, in the course of performing any of his functions under this Ordinance, the Commissioner considers that any provision of the code of practice should be revised to better carry out the objects of this Ordinance, he may make such recommendations to the Secretary for Security as he thinks fit.
(2) Where the Commissioner makes any recommendations to the Secretary for Security under subsection (1), the Secretary shall notify the Commissioner of any exercise of power by him under section 63(3) to implement the recommendations, as soon as reasonably practicable after the recommendations have been made or, where the Commissioner has specified any period for the issue of the notification when making the recommendations, within that period.

52. Recommendations to departments
(1) If, in the course of performing any of his functions under this Ordinance, the Commissioner considers that any arrangements made by any department should be changed to better carry out the objects of this Ordinance or the provisions of the code of practice, he may make such recommendations to the head of the department as he thinks fit.
(2) Where the Commissioner makes any recommendations to the head of the department under subsection (1), the head of the department shall submit to the Commissioner a report with details of any measures taken by the department (including any disciplinary action taken in respect of any officer) to implement the recommendations, as soon as reasonably practicable after the recommendations have been made or, where the Commissioner has specified any period for submission of the report when making the recommendations, within that period.
(3) Without prejudice to sections 49 and 50, the Commissioner may, whether before or after the head of the department has submitted a report to him under subsection (2), refer the recommendations and any other matters he thinks fit to the Chief Executive, the Secretary for Justice or any panel judge or any or all of them.

### Interception of Communications and Surveillance Ordinance 《截取通訊及監察條例》

53. Further powers of Commissioner
(1) For the purpose of performing any of his functions under this Ordinance, the Commissioner may—
(a) require any public officer or any other person to answer any question, and to provide any information, document or other matter (including any protected product, whether or not it contains any information that is or may be subject to legal professional privilege) in his possession or control to the Commissioner, within the time and in the manner specified by the Commissioner when making the requirement; and (Amended 21 of 2016 s. 13)
(b) require any officer of a department to prepare any report on any case of interception or covert surveillance handled by the department, or on any class of such cases, within the time and in the manner specified by the Commissioner when making the requirement.
(2) For the purpose of performing any of his functions under this Ordinance, the Commissioner may request a panel judge to provide him with access to any of the documents or records kept under section 3 of Schedule 2.
(3) Notwithstanding any other provision of this Ordinance or any other law, any person on whom a requirement is imposed by the Commissioner under subsection (1) shall comply with the requirement.
(4) Except as otherwise provided in this Ordinance, the Commissioner shall not be required to produce in any court or to divulge or communicate to any court, or to provide or disclose to any person, any information, document or other matter (including any protected product, whether or not it contains any information that is or may be subject to legal professional privilege) compiled by, or made available to, him in the course of performing any of his functions under this Ordinance. (Amended 21 of 2016 s. 13)
(5) Except as otherwise provided in this Ordinance, the Commissioner may determine the procedure to be adopted in performing any of his functions under this Ordinance.

53A. Delegation of power to examine protected products
(1) The Commissioner may delegate, in writing, the Commissioner’s power specified in subsection (2) to an officer working in the Commissioner’s office who is responsible to the Commissioner.
(2) The power is the power to examine protected products provided to the Commissioner in compliance with a requirement imposed under section 53(1)(a).
(3) The Commissioner may specify in any instrument of delegation any terms or conditions subject to which the delegation is to have effect.
(4) A delegation under this section does not preclude the Commissioner from exercising at any time the power so delegated.
(Added 21 of 2016 s. 14)

### Interception of Communications and Surveillance Ordinance 《截取通訊及監察條例》

54. General obligations of departments to report on non-compliance
(1) Without prejudice to other provisions of this Part, where the head of any department considers that there may have been any case of failure by the department or any of its officers to comply with any relevant requirement, he shall submit to the Commissioner a report with details of the case (including any disciplinary action taken in respect of any officer). (Amended 21 of 2016 s. 15)
(2) Without affecting other provisions of this Part, if the head of any department considers that—
(a) there may have been a failure to comply with a relevant requirement in a case handled by the department; but
(b) the failure is not due to the fault of the department or any of its officers,
the head must also submit to the Commissioner a report with details of the failure. (Added 21 of 2016 s. 15)

55. Commissioner not regarded as court
In performing any of his functions under this Ordinance, the Commissioner is for all purposes not regarded as a court or a member of a court.

56. Regular reviews
(1) The head of each department shall make arrangements to keep under regular review the compliance by officers of the department with the relevant requirements.
(2) Without prejudice to subsection (1), where the head of any department has made any designation under section 7, he shall make arrangements for officers of a rank higher than those held by the authorizing officers of the department to keep under regular review the performance by the authorizing officers of any function under this Ordinance.