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

8. Application for judge’s authorization for interception or Type 1 surveillance
(1) An officer of a department may apply to a panel judge for the issue of a judge’s authorization for any interception or Type 1 surveillance to be carried out by or on behalf of any of the officers of the department.
(2) The application is—
(a) to be made in writing; and
(b) to be supported by an affidavit of the applicant which is to comply with the requirements specified in Part 1 or 2 of Schedule 3 (as may be applicable).
(3) An application may not be made under subsection (1) unless the making of the application has been approved by a directorate officer of the department concerned.

9. Determination of application for judge’s authorization
(1) Upon considering an application for the issue of a judge’s authorization made under section 8, the panel judge may, subject to subsection (2)—
(a) issue the judge’s authorization sought under the application, with or without variations; or
(b) refuse to issue the judge’s authorization.
(2) The panel judge shall not issue the judge’s authorization unless he is satisfied that the conditions for its issue under section 3 have been met.
(3) The panel judge shall deliver his determination under subsection (1) by—
(a) in the case of subsection (1)(a), issuing the judge’s authorization in writing; or
(b) in the case of subsection (1)(b), giving the reason for the refusal in writing.

10. Duration of judge’s authorization
A judge’s authorization—
(a) takes effect at the time specified by the panel judge when issuing the judge’s authorization, which in any case is not to be earlier than the time when it is issued; and
(b) subject to any renewal under this Division, ceases to have effect upon the expiration of the period specified by the panel judge when issuing the judge’s authorization, which in any case is not to be longer than the period of 3 months beginning with the time when it takes effect.

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

11. Application for renewal of judge’s authorization
(1) At any time before a judge’s authorization ceases to have effect, an officer of the department concerned may apply to a panel judge for the renewal of the judge’s authorization.
(2) The application is—
(a) to be made in writing; and
(b) to be supported by—
(i) a copy of the judge’s authorization sought to be renewed;
(ii) copies of all affidavits provided under this Part for the purposes of any application for the issue or renewal of the judge’s authorization, or for the purposes of any application made further to an oral application for confirmation of the judge’s authorization or its previous renewal; and
(iii) an affidavit of the applicant which is to comply with the requirements specified in Part 4 of Schedule 3.
(3) An application may not be made under subsection (1) unless the making of the application has been approved by a directorate officer of the department concerned.

12. Determination of application for renewal of judge’s authorization
(1) Upon considering an application for the renewal of a judge’s authorization made under section 11, the panel judge may, subject to subsection (2)—
(a) grant the renewal sought under the application, with or without variations; or
(b) refuse to grant the renewal.
(2) The panel judge shall not grant the renewal unless—
(a) he is satisfied that the conditions for the renewal under section 3 have been met; and
(b) without limiting the generality of paragraph (a), he has taken into consideration the period for which the judge’s authorization has had effect since its first issue.
(3) The panel judge shall deliver his determination under subsection (1) by—
(a) in the case of subsection (1)(a), issuing the renewed judge’s authorization in writing; or
(b) in the case of subsection (1)(b), giving the reason for the refusal in writing.
(4) A judge’s authorization may be renewed more than once under this Ordinance.

13. Duration of renewal of judge’s authorization
A renewal of a judge’s authorization—
(a) takes effect at the time when the judge’s authorization would have ceased to have effect but for the renewal; and
(b) subject to any further renewal under this Division, ceases to have effect upon the expiration of the period specified by the panel judge when granting the renewal, which in any case is not to be longer than the period of 3 months beginning with the time when it takes effect.

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

14. Application for executive authorization for Type 2 surveillance
(1) An officer of a department may apply to an authorizing officer of the department for the issue of an executive authorization for any Type 2 surveillance to be carried out by or on behalf of any of the officers of the department.
(2) The application is—
(a) to be made in writing; and
(b) to be supported by a statement in writing made by the applicant which is to comply with the requirements specified in Part 3 of Schedule 3.

15. Determination of application for executive authorization
(1) Upon considering an application for the issue of an executive authorization made under section 14, the authorizing officer may, subject to subsection (2)—
(a) issue the executive authorization sought under the application, with or without variations; or
(b) refuse to issue the executive authorization.
(2) The authorizing officer shall not issue the executive authorization unless he is satisfied that the conditions for its issue under section 3 have been met.
(3) The authorizing officer shall deliver his determination under subsection (1) by—
(a) in the case of subsection (1)(a), issuing the executive authorization in writing; or
(b) in the case of subsection (1)(b), giving the reason for the refusal in writing.

16. Duration of executive authorization
An executive authorization—
(a) takes effect at the time specified by the authorizing officer when issuing the executive authorization, which in any case is not to be earlier than the time when it is issued; and
(b) subject to any renewal under this Division, ceases to have effect upon the expiration of the period specified by the authorizing officer when issuing the executive authorization, which in any case is not to be longer than the period of 3 months beginning with the time when it takes effect.

17. Application for renewal of executive authorization
(1) At any time before an executive authorization ceases to have effect, an officer of the department concerned may apply to an authorizing officer of the department for the renewal of the executive authorization.
(2) The application is—
(a) to be made in writing; and
(b) to be supported by—
(i) a copy of the executive authorization sought to be renewed;
(ii) copies of all statements provided under this Part for the purposes of any application for the issue or renewal of the executive authorization, or for the purposes of any application made further to an oral application for confirmation of the executive authorization or its previous renewal; and
(iii) a statement in writing made by the applicant which is to comply with the requirements specified in Part 4 of Schedule 3.