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

33. Application for device retrieval warrant
(1) Where a prescribed authorization has in any way ceased to have effect under this Ordinance, an officer of the department concerned may apply to a panel judge for the issue of a device retrieval warrant authorizing the retrieval of any of the devices authorized to be used under the prescribed authorization if such devices—
(a) have been installed in or on any premises or object, pursuant to the prescribed authorization; and
(b) are still in or on such premises or object, or are in or on any other premises or object.
(2) The application is—
(a) to be made in writing; and
(b) to be supported by—
(i) a copy of the prescribed authorization; and
(ii) an affidavit of the applicant which is to comply with the requirements specified in Schedule 4.

34. Determination of application for device retrieval warrant
(1) Upon considering an application for the issue of a device retrieval warrant made under section 33, the panel judge may, subject to subsection (2)—
(a) issue the device retrieval warrant sought under the application, with or without variations; or
(b) refuse to issue the device retrieval warrant.
(2) The panel judge shall not issue the device retrieval warrant unless he is satisfied that section 33(1)(a) and (b) applies to the devices concerned.
(3) The panel judge shall deliver his determination under subsection (1) by—
(a) in the case of subsection (1)(a), issuing the device retrieval warrant in writing; or
(b) in the case of subsection (1)(b), giving the reason for the refusal in writing.

35. Duration of device retrieval warrant
A device retrieval warrant—
(a) takes effect at the time specified by the panel judge when issuing the warrant, 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 panel judge when issuing the warrant, which in any case is not to be longer than the period of 3 months beginning with the time when it takes effect.

36. What a device retrieval warrant may authorize under or by virtue of its terms, etc.
(1) A device retrieval warrant may authorize the retrieval of any devices specified in the warrant.
(2) A device retrieval warrant may contain terms that authorize the doing of anything reasonably necessary to conceal any conduct authorized to be carried out under the warrant.
(3) A device retrieval warrant may, if it is reasonably necessary for the execution of the warrant, contain terms that authorize the interference with any property (whether or not of any person who is the subject of the interception or covert surveillance concerned).

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

37. What a device retrieval warrant also authorizes
(1) A device retrieval warrant also authorizes the undertaking of conduct, including the following conduct, that is necessary for and incidental to the carrying out of what is authorized to be carried out under the warrant—
(a) the retrieval of any enhancement equipment for the devices authorized to be retrieved under the warrant;
(b) the entry, by the use of reasonable force if necessary, onto any premises where the devices or enhancement equipment is reasonably believed to be or likely to be, and onto any other premises adjoining or providing access to the premises, in order to retrieve the devices or enhancement equipment;
(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).

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

38A. Report to panel judge: device retrieval warrant cannot be executed
(1) If, while a device retrieval warrant is in force but not yet completely executed, the officer of the department concerned who is for the time being in charge of the execution of the warrant—
(a) becomes aware that section 33(1)(a) or (b) does not apply to the devices or any of the devices specified in the warrant; or
(b) is of the opinion that the warrant or a part of the warrant cannot for whatever reason be executed,
the officer must, as soon as reasonably practicable after becoming aware of the matter or forming the opinion, cause a report on the matter or opinion to be provided to a panel judge.
(2) If a panel judge receives a report under subsection (1), the panel judge may revoke the device retrieval warrant concerned or the relevant part of the device retrieval warrant concerned.
(3) If the device retrieval warrant or a part of the device retrieval warrant is revoked under subsection (2), the warrant or that part of the warrant, despite section 35(b), ceases to have effect from the time of the revocation.
(4) If the device retrieval warrant is not revoked or only part of the device retrieval warrant is revoked, the panel judge may do one or both of the following—
(a) vary any terms or conditions in the warrant;
(b) specify any new conditions in the warrant that apply to the warrant itself or to any further authorization under it (whether granted under its terms or any provision of this Ordinance).
(Added 21 of 2016 s. 9)

39. The Commissioner
(1) There is hereby established an office by the name of the “Commissioner on Interception of Communications and Surveillance”. (Amended E.R. 7 of 2020)
(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;
(d) a former Justice of Appeal of the Court of Appeal; or
(e) a former judge of the Court of First Instance.