### Interpretation and General Clauses Ordinance 《釋義及通則條例》

84. Application for production order in respect of journalistic material
(1) A person on whom there is or may be conferred under a provision in any Ordinance, being a provision to which section 83 applies, the power to enter any premises and to search the premises or any person found on the premises or to seize any material, may apply to a judge of the Court of First Instance or District Court for an order under subsection (2) in relation to material which is known or suspected to be journalistic material. (Amended 26 of 1998 s. 33)
(2) If on an application under subsection (1) a judge is satisfied that the conditions in subsection (3) are fulfilled he may make an order that the person who appears to be in possession of journalistic material specified in the application shall—
(a) produce it to the applicant to take away; or
(b) give the applicant access to it,
not later than the end of the period of 7 days from the date of the order or the end of such longer period as the order may specify.
(3) The conditions to be fulfilled for the purposes of subsection (2) are that—
(a) there are reasonable grounds for believing—
(i) that an arrestable offence has been committed;
(ii) that there is material which consists of or includes material known or suspected to be journalistic material on premises specified in the application;
(iii) that the material is likely to be—
(A) of substantial value to the investigation of the arrestable offence; or
(B) relevant evidence in proceedings for the arrestable offence;
(b) but for section 83 the applicant would be or could have been authorized under the provision mentioned in subsection (1) to enter onto the premises specified in the application and to search the premises or a person found on the premises or to seize the material specified in the application;
(c) other methods of obtaining the material—
(i) have been tried and failed; or
(ii) have not been tried because they were unlikely to succeed or would be likely to seriously prejudice the investigation; and
(d) there are reasonable grounds for believing that it is in the public interest that an order should be granted, having regard to—
(i) the benefit likely to accrue to the investigation; and
(ii) the circumstances under which a person in possession of the material holds it.
(4) An application for an order under subsection (2) shall be made inter partes.
(5) Any person who without reasonable cause fails to comply with an order made under subsection (2) commits an offence and is liable to a fine at level 6 and to imprisonment for 1 year.
(Added 88 of 1995 s. 2)

### Interpretation and General Clauses Ordinance 《釋義及通則條例》

86. Further provision for warrants under section 85
(1) A warrant issued under section 85, other than a warrant to which subsection (7) of that section applies, shall—
(a) specify the name of the applicant and the court issuing the warrant;
(b) contain a statement setting out—
(i) the terms of the warrant applying by virtue of subsection (6) of that section;
(ii) the rights conferred under section 87 to apply within a specified period for the immediate return of journalistic material seized under the warrant, and the consequences provided for in that section of not so applying.
(2) A person executing or seeking to execute such a warrant shall—
(a) where the occupier of the premises being entered is present, supply the occupier with a copy of the warrant;
(b) where the occupier of the premises is not present but some other person who appears to be in charge of the premises is present, supply that person with a copy of the warrant;
(c) if there is no person present who appears to be in charge of the premises, leave a copy of the warrant in a prominent place on the premises.
(3) Where pursuant to such a warrant material is seized which is required to be sealed and held, the person executing the warrant shall make an endorsement on the warrant setting out details of such material and shall return the warrant to the court from which it was issued.
(Added 88 of 1995 s. 2)

87. Procedure in relation to sealed material
(1) A person from whom journalistic material has been seized pursuant to a warrant issued under section 85, other than a warrant to which subsection (7) of that section applies, or a person claiming to be the owner of such material, may within 3 days of such seizure apply to the court from which the warrant was issued for an order under subsection (2).
(2) On an application under subsection (1), unless the judge is satisfied that it would be in the public interest that the material be made use of for the purposes of the investigation, he shall order that the material be immediately returned to the person from whom it was seized; and in making a determination under this subsection the judge shall have regard to, among other things, the circumstances under which the material was being held at the time of its seizure.
(3) If on an application under subsection (1) the judge determines not to grant an order under subsection (2), or where no application has been made under subsection (1) within the period specified in that subsection, the material may be unsealed.
(4) For the purpose of determining an application under subsection (1) a judge may require the person who seized the material to produce it to the judge for examination by him.
(5) An application for an order under subsection (1) shall be made inter partes.
(Added 88 of 1995 s. 2)

### Interpretation and General Clauses Ordinance 《釋義及通則條例》

88. Provisions supplementary to section 84
(1) In relation to material consisting of information contained in a computer—
(a) an order under section 84(2)(a) shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible; and
(b) an order under section 84(2)(b) shall have effect as an order to give an applicant access to the material in a form in which it is visible and legible.
(2) Notice of an application for an order under section 84(2) may be served on a person either by delivering it to him or by leaving it at his proper address or by sending it by post to him in a registered letter.
(3) Such a notice may be served—
(a) on a body corporate, by serving it on a person who is an officer of the body within the meaning of section 2(1) of the Companies Ordinance (Cap. 622); and (Amended 28 of 2012 ss. 912 & 920)
(b) on a partnership, by serving it on one of the partners.
(4) For the purposes of section 84, the proper address of a person—
(a) in the case of an officer of a body corporate, shall be that of the registered or principal office of that body;
(b) in the case of a partner of a firm, shall be that of the principal office of the firm; and
(c) in any other case, shall be the last known address of the person to be served.
(5) Where notice of an application for an order under section 84 has been served on a person, he shall not conceal, destroy, alter or dispose of the material to which the application relates except—
(a) with the leave of a judge; or
(b) with the written permission of the applicant,
until—
(i) the application is dismissed or abandoned; or
(ii) he has complied with an order under section 84 made on the application.
(6) Any person who knowingly contravenes subsection (5) commits an offence and is liable to a fine at level 6 and to imprisonment for 1 year.
(Added 88 of 1995 s. 2)