Section 20
Power to intercept telecommunications
of Prevention of People Smuggling Act
(1)
Notwithstanding the provisions of any other written law, the
Public Prosecutor, if he considers that it is likely to contain any information which is relevant for the purpose of any investigation into an offence under this Act, may, on the application of an authorised officer, authorise the said officer -
•
(a)
to intercept, detain and open any postal article in the course of transmission by post;
(b)
to intercept any message transmitted or received by any telecommunication; or
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(c)
to intercept, listen to and record any conversation by any a telecommunication, and listen to the recording of the intercepted conversation.
B. L.R.O. 4/2021
18
Prevention of People Smuggling
(2)
When any person is charged with an offence against this Act, any information obtained by an authorised officer under subsection (I), whether before or after such person is charged, shall be admissible at his trial in evidence.
(3)
An authorisation by the Public Prosecutor under subsection (1)
may be given either orally or in writing; but if an oral authorisation is given, the Public Prosecutor shall, as soon as practicable, reduce the authorisation into writing.
(4)
A certificate by the Public Prosecutor stating that the action taken by the authorised officer under subsection (1) had been authorised by him under that subsection shall be conclusive evidence that it had been so authorised, and such certificate shall be admissible in evidence without proof of signature thereof.
(5)
No person shall be under any duty, obligation or liability, or be in any manner compelled, to disclose in any proceedings the procedure, method, manner or means, or any matter related thereto, of any thing done under subsection (l)(a),(b) or (c).
(6)
In this section -
"postal article" has the same meaning as in section 2 of the Post
Office Act (Chapter 52);
"Public Prosecutor" means the Public Prosecutor personally;
telecommunication^' has the same meaning as in section 2 of the
Telecommunications Order, 200 1 (S 381200 1).