CONFIDENTIAL

064276 MDHIAN 5308

5. YOUR DRAFT ORDER SENT BY FAX HAS BEEN COMMENTED UPON BY OUR

LEGAL ADVISERS AS FOLLOWS:

SECTION 3(1)(B).

WE AGREE THE SLIGHT ALTERATION FROM OUR PROPOSED WORDING, HERE AND ELSEWHERE.

SECTION 3(5).

WE PREFER OUR PROPOSED WORDING FOR REASONS SET OUT IN PARA 2(A) ABOVE.

SECTION 3(6).

I

ALSO REPLACE 'REASONABLE FOR THE STATE OR ORGANISATION WITH 'REASONABLE FOR THE TERRITORY, STATE OR ORGANISATION'.

SECTION 4.

WE SUGGEST THIS READ

'IN SUBSECTION (3) DELETE PARAGRAPHS (A) AND (B) AND REPLACE THEM BY THE WORDS 'ANY INFORMATION OBTAINED BY REASON OF ACTION TAKEN UNDER AN ORDER ISSUED UNDER SECTION 33 OF THE TELECOMMUNICATION ORDINANCE (CAP 106 OF THE LAWS OF HONG KONG), ANY INFORMATION RELATING TO THE OBTAINING OF INFORMATION BY REASON OF SUCH ACTION AND ANY DOCUMENT OR OTHER ARTICLE WHICH IS OR HAS BEEN USED OR HELP FOR USE IN, OR HAS BEEN OBTAINED BY REASON OF, ANY SUCH ACTION'.

SECTION 6.

IN SUBSECTION 1 (A) (II) 4TH LINE OF YOUR TEXT SHOULD READ 'BY OR ON BEHALF OF NOT 'BY AND ON BEHALF OF'.

SUBSECTION (1) (B) SHOULD NOT BE DELETED.

SECTION 11.

WE WOULD PREFER TO RE-NUMBER THE REMAINING SUBSECTIONS AS (1) TO (3). IN ANY EVENT, EXISTING SUBSECTION (3) COULD MORE EASILY BE ADAPTED BY SIMPLY DELETING ALL AFTER THE SEMI-COLON, REPLACING THAT WITH A FULL-STOP.

IN EXISTING SUBSECTION (5) AS ADAPTED, THE LAST 4 WORDS SHOULD BE REPLACED BY 'BEFORE ANY MAGISTRATE'.

SECTIONS 15 AND 16.

WE WOULD PREFER THESE TO BE RENUMBERED AS SECTIONS 14 AND 15 IF

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