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

58. Report to relevant authority: arrest of subject of interception or covert surveillance
(Replaced 21 of 2016 s. 17)(1) Where, further to the issue or renewal of a prescribed authorization under this Ordinance, the officer of the department concerned who is for the time being in charge of the interception or covert surveillance concerned becomes aware that the subject of the interception or covert surveillance has been arrested, the officer shall, as soon as reasonably practicable after he becomes aware of the matter, cause to be provided to the relevant authority by whom the prescribed authorization has been issued or renewed a report assessing the effect of the arrest on the likelihood that any information which may be subject to legal professional privilege will be obtained by continuing the interception or covert surveillance.
(2) Where the relevant authority receives a report under subsection (1), if the relevant authority considers that the conditions for the continuance of the prescribed authorization concerned or a part of the prescribed authorization concerned under section 3 are not met, the relevant authority must revoke the prescribed authorization or that part of the prescribed authorization. (Amended 21 of 2016 s. 17)
(3) Where the prescribed authorization or a part of the prescribed authorization is revoked under subsection (2), the prescribed authorization or that part of the prescribed authorization is, notwithstanding the relevant duration provision, to cease to have effect from the time of the revocation. (Amended 21 of 2016 s. 17)
(3A) If the prescribed authorization is not revoked or only part of the prescribed authorization is revoked, the relevant authority may do one or both of the following—
(a) vary any terms or conditions in the prescribed authorization;
(b) specify any new conditions in the prescribed authorization 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). (Added 21 of 2016 s. 17)
(4) If, at the time of the provision of a report to the relevant authority under subsection (1), the relevant authority is no longer holding his office or performing the relevant functions of his office—
(a) without prejudice to section 54 of the Interpretation and General Clauses Ordinance (Cap. 1), the reference to relevant authority in that subsection includes the person for the time being appointed as a panel judge or authorizing officer (as the case may be) and lawfully performing the relevant functions of the office of that relevant authority; and
(b) the provisions of this section are to apply accordingly.
(5) In this section, relevant duration provision (有關時限條文) means section 10(b), 13(b), 16(b), 19(b) or 22(1)(b) (as may be applicable).

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

63. Code of practice
(1) The Secretary for Security shall issue a code of practice for the purpose of providing practical guidance to officers of the departments in respect of matters provided for in this Ordinance.
(2) Without limiting the generality of subsection (1), the Secretary for Security may in the code of practice specify the form of any application to be made to a panel judge under this Ordinance.
(3) The Secretary for Security may from time to time revise the whole or any part of the code of practice, in a manner consistent with his power to issue the code under this section, and, unless the context otherwise requires, any reference to the code of practice, whether in this Ordinance or otherwise, is to be construed as a reference to the code as so revised.
(4) Any officer of a department shall, in performing any function under or for the purposes of any provision of this Ordinance, comply with the provisions of the code of practice.
(5) A failure on the part of any person to comply with any provision of the code of practice—
(a) is for all purposes not of itself to be regarded as a failure to comply with any provision of this Ordinance; and
(b) without prejudice to paragraph (a), does not affect the validity of any prescribed authorization or device retrieval warrant.

64. Prescribed authorizations and device retrieval warrants not affected by minor defects
(1) A prescribed authorization or device retrieval warrant is not affected by any minor defect relating to it.
(2) Without limiting the generality of subsection (1), any information (including any protected product) obtained pursuant to a prescribed authorization is not by reason only of any minor defect relating to the prescribed authorization to be rendered inadmissible in evidence in any proceedings before any court.
(3) For the purposes of this section, any reference to minor defect, in relation to a prescribed authorization or device retrieval warrant, includes any defect or irregularity, other than a substantial defect or irregularity, in or in connection with—
(a) the issue, or the purported issue, of that prescribed authorization or device retrieval warrant or of a document purporting to be that prescribed authorization or device retrieval warrant; or
(b) the execution, or the purported execution, of that prescribed authorization or device retrieval warrant or of a document purporting to be that prescribed authorization or device retrieval warrant.

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

65. Immunity
(1) Subject to subsection (2), a person shall not incur any civil or criminal liability by reason only of—
(a) any conduct carried out pursuant to a prescribed authorization or device retrieval warrant (including any conduct incidental to such conduct);
(b) his performance or purported performance in good faith of any function under this Ordinance; or
(c) his compliance with a requirement made or purportedly made under this Ordinance.
(2) Nothing in subsection (1) affects any liability that is or may be incurred by any person by reason only of—
(a) any entry onto any premises without permission; or
(b) any interference with any property without permission.

65A. Protected products obtained after revocation of prescribed authorization
(1) If a prescribed authorization or a part of a prescribed authorization is revoked under section 24(3)(a)(i), 27(3)(a)(i), 58(2) or 58A(4), the head of the department concerned must make arrangements to ensure that the interception or covert surveillance concerned or the relevant part of the interception or covert surveillance concerned is discontinued as soon as reasonably practicable.
(2) Any protected product that is obtained after the prescribed authorization concerned or the relevant part of the prescribed authorization concerned is revoked and before the interception or covert surveillance concerned or the relevant part of the interception or covert surveillance concerned is discontinued in accordance with the arrangements made by the head of the department concerned under subsection (1) is, for the purposes of this Ordinance, to be regarded as having been obtained pursuant to a prescribed authorization.
(Added 21 of 2016 s. 20)

66. Regulation
The Chief Executive in Council may, subject to the approval of the Legislative Council, make regulations for—
(a) the better carrying out of the purposes of this Ordinance; and
(b) without limiting the generality of paragraph (a), prescribing any matter which this Ordinance provides is, or may be, prescribed by regulation made under this section.

67. Amendment of Schedules
The Chief Executive in Council may, subject to the approval of the Legislative Council, amend Schedules 1, 2, 3 and 4 by notice published in the Gazette.