Dear Pat,It's been a long time - ho

Dear Pat,

It's been a long time - how are you and your family doing recently?

I have a law-related question from a friend in London, and I was hoping you might be able to help. I have copied her message below.

In other news, please do let me know if you are ever in HK, would love to meet up!

all the best,
loz


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I'm hoping to get a clear idea of what section 19 of the Computer [Related] Crimes Act 2007 says. Online translations seem slightly contradictory. I have set out the paragraphs which are confusing with my thoughts/questions in bold. Unfortunately, I don't have a link to the original Thai. [FB removed the bold, so I have used ** instead - loz]

Really appreciate any light which can be shed on this, but please don't go to too much trouble.

lots of love,

Kyla


.........

As I understand it, to exercise the powers (of interception etc) in section 18 of the Act, section 19 requires the official to file an application to exercise the power to the jurisidictional court setting out why use of the power is reasonable, the purpose for using the power etc.

Paragraph 2 seems to say that after the application has been granted, a record of the reasonable grounds has to be submitted to the owner/possessor of the computer system. Or if they cannot be found, sent to them as soon as possible.

**It is not clear if this "record" is a copy of the application granted by the court, a record of the reasonable grounds only, or a separate document provided as proof of the court's authorisation. **

Paragraph 3 then says that the official should send a record of the enforcement and the reasons behind it, within 48 hours from when the power was exercised.

**It is not clear if it is 48 hours from when the use of the power begins or ends. If it is from when it begins, it seems strange the court has to be provided with a memo basically stating the same information as that in the application they have just granted. The only way I can rationalise this is if it is perhaps to a different type of court, or if applications are made and granted regularly, and therefore the court requires a record that the power has acutally been used (rather than just applied for, without being used).

Is the record to be provided again a copy of the original application/the certificate of grant provided by the court (if any)/or a new document provided by the official?**