由此
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Before: Hon Stuart-Moore VP, Yeung and Tang JJA in Court
Date of Hearing: 26 April 2006
Date of Judgment: 10 May 2006
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JUDGMENT
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Hon Tang JA (giving the judgment of the Court):
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Introduction
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1.
The freedom and privacy of communication are fundamental
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rights. They are protected by the Basic Law as well as the Hong Kong Bill
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of Rights Ordinance, Cap. 383 (“the Hong Kong Bill of Rights”).
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2.
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These fundamental rights and the limited basis upon which
they may be infringed can be found in the following provisions:
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Basic Law
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“Article 30
The freedom and privacy of communication of Hong Kong
residents shall be protected by law. No department or individual
may, on any grounds, infringe upon the freedom and privacy of
communication of residents except that the relevant authorities
may inspect communication in accordance with legal procedures
to meet the needs of public security or of investigation into
criminal offences. (“Article 30”)
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