由此 -2- A B ______________ C D A B C Before: Hon Stuart-Moore VP, Yeung and Tang JJA in Court Date of Hearing: 26 April 2006 Date of Judgment: 10 May 2006 D E _______________ E F JUDGMENT _______________ F G H G Hon Tang JA (giving the judgment of the Court): I H I Introduction J K J 1. The freedom and privacy of communication are fundamental K rights. They are protected by the Basic Law as well as the Hong Kong Bill L of Rights Ordinance, Cap. 383 (“the Hong Kong Bill of Rights”). M M 2. N L These fundamental rights and the limited basis upon which they may be infringed can be found in the following provisions: O N O Basic Law P Q R S “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”) P Q R S T T U U V V