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

18. Determination of application for renewal of executive authorization
(1) Upon considering an application for the renewal of an executive authorization made under section 17, the authorizing officer 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 authorizing officer 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 executive authorization has had effect since its first issue.
(3) The authorizing officer shall deliver his determination under subsection (1) by—
(a) in the case of subsection (1)(a), issuing the renewed executive authorization in writing; or
(b) in the case of subsection (1)(b), giving the reason for the refusal in writing.
(4) An executive authorization may be renewed more than once under this Ordinance.

19. Duration of renewal of executive authorization
A renewal of an executive authorization—
(a) takes effect at the time when the executive 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 authorizing officer 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.

20. Application for emergency authorization for interception or Type 1 surveillance in case of emergency
(1) An officer of a department may apply to the head of the department for the issue of an emergency authorization for any interception or Type 1 surveillance to be carried out by or on behalf of any of the officers of the department, if he considers that—
(a) there is immediate need for the interception or Type 1 surveillance to be carried out by reason of an imminent risk of—
(i) death or serious bodily harm of any person;
(ii) substantial damage to property;
(iii) serious threat to public security; or
(iv) loss of vital evidence; and
(b) having regard to all the circumstances of the case, it is not reasonably practicable to apply for the issue of a judge’s authorization for the interception or Type 1 surveillance.
(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—
(i) set out the reason for making the application; and
(ii) comply with the requirements specified in Part 1 or 2 of Schedule 3 (as may be applicable) which are to apply to the statement as they apply to an affidavit referred to in section 8(2)(b).

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

21. Determination of application for emergency authorization
(1) Upon considering an application for the issue of an emergency authorization made under section 20, the head of the department concerned may, subject to subsection (2)—
(a) issue the emergency authorization sought under the application, with or without variations; or
(b) refuse to issue the emergency authorization.
(2) The head of the department shall not issue the emergency authorization unless he is satisfied—
(a) that section 20(1)(a) and (b) applies; and
(b) that the conditions for the issue of the emergency authorization under section 3 have been met.
(3) The head of the department shall deliver his determination under subsection (1) by—
(a) in the case of subsection (1)(a), issuing the emergency authorization in writing; or
(b) in the case of subsection (1)(b), giving the reason for the refusal in writing.

22. Duration of emergency authorization
(1) An emergency authorization—
(a) takes effect at the time specified by the head of the department concerned when issuing the emergency authorization, which in any case is not to be earlier than the time when it is issued; and
(b) ceases to have effect upon the expiration of the period specified by the head of the department when issuing the emergency authorization, which in any case is not to be longer than the period of 48 hours beginning with the time when it is issued.
(2) Without prejudice to any application under section 8 for the issue of any judge’s authorization for the interception or Type 1 surveillance concerned, an emergency authorization may not be renewed under this Ordinance.

23. Application for confirmation of emergency authorization
(1) Where any interception or Type 1 surveillance is carried out pursuant to an emergency authorization, the head of the department concerned shall cause an officer of the department to apply to a panel judge for confirmation of the emergency authorization, as soon as reasonably practicable after, and in any event within the period of 48 hours beginning with, the time when the emergency authorization is issued.
(2) The application is—
(a) to be made in writing; and
(b) to be supported by—
(i) a copy of the emergency authorization; and
(ii) an affidavit of the applicant which is to verify the contents of the statement provided under section 20(2)(b) for the purposes of the application for the issue of the emergency authorization.
(3) In default of any application being made for confirmation of the emergency authorization within the period of 48 hours referred to in subsection (1), the head of the department concerned shall—
(a) cause the immediate destruction of any information obtained by carrying out the interception or Type 1 surveillance concerned; and
(b) without prejudice to section 54, submit to the Commissioner a report with details of the case.

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

24. Determination of application for confirmation of emergency authorization
(1) Upon considering an application for confirmation of an emergency authorization as provided for in section 23(1), the panel judge may, subject to subsection (2)—
(a) confirm the emergency authorization; or
(b) refuse to confirm the emergency authorization.
(2) The panel judge shall not confirm the emergency authorization unless he is satisfied that section 21(2)(b) has been complied with in the issue of the emergency authorization.
(3) Where the panel judge refuses to confirm the emergency authorization under subsection (1)(b), he may make one or more of the following orders—
(a) in any case where the emergency authorization still has effect at the time of the determination, an order that the emergency authorization is, notwithstanding any other provision of this Ordinance—
(i) to be revoked upon the making of the determination; or
(ii) only to have effect subject to the variations, and any new conditions, specified by him, from the time of the determination; (Amended 21 of 2016 s. 6)
(b) in any case whether or not the emergency authorization still has effect at the time of the determination, an order that the head of the department concerned shall cause the immediate destruction of—
(i) subject to subparagraph (ii), any information obtained by carrying out the interception or Type 1 surveillance concerned; or
(ii) where paragraph (a)(ii) applies, any information obtained by carrying out the interception or Type 1 surveillance concerned that is specified in the order.
(3A) The new conditions specified by the panel judge under subsection (3)(a)(ii) may apply to the emergency authorization itself or to any further authorization or requirement under it (whether granted or imposed under its terms or any provision of this Ordinance). (Added 21 of 2016 s. 6)
(4) Where the emergency authorization is revoked under subsection (3)(a)(i), the emergency authorization is, notwithstanding section 22(1)(b), to cease to have effect from the time of the revocation.
(5) The panel judge shall deliver his determination under subsection (1) by—
(a) in the case of subsection (1)(a), endorsing his confirmation on the emergency authorization in writing; or
(b) in the case of subsection (1)(b), giving the reason for the refusal and making any order under subsection (3) in writing.

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

32. Prescribed authorization may be issued or renewed subject to conditions
A prescribed authorization may be issued or renewed subject to any conditions specified in it that apply to the prescribed authorization itself or to any further authorization or requirement under it (whether granted or imposed under its terms or any provision of this Ordinance).