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INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE PART 2 Section 5 5. 2-4 Cap. 589 Prohibition on covert surveillance (1) Subject to subsection (2), no public officer shall, directly or indirectly (whether through any other person or otherwise), carry out any covert surveillance. (2) Subsection (1) does not apply to any covert surveillance carried out pursuant to a prescribed authorization. Last updated date 9.8.2006

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Interceptions for Communications and Surveillance Ordinance (Cap. 589)

Law

Status of Law: Final/Active/Current

Country

Hong Kong

Country Location

Latitude: 22.3964

Longitude: 114.1095

Country Location (linked Law): Hong Kong

Keywords

Privacy
Surveillance

Adoption Date: Aug 9, 2006

Type of Law: Primary (this category will be deleted)

Research Category: III Governance of Online and Networked Spaces

Institution that Established this Law: Legislative Council of the Hong Kong Special Administrative Region

Is this the Official Copy?: Yes

Source URL: Hong Kong e-Legislation

Notes: Basic Law art.30 protects the citizen from unlawful surveillance. This ordinance set out several situaitions where the government may conduct surveillance in accordance with the law. In LEUNG KWOK HUNG AND ANOTHER V. CHIEF EXECUTIVE OF THE HKSAR, the court held that s.33 is unconstitutional because the Executive Order comprised administrative directions only and did not constitute a set “legal procedures” to authorize and justify the surveillance.

Primary Documents

Cap 589 Assisted Monolingual PDF (24-06-2016) (English).pdf
English
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CYRILLA: Global Digital Rights Law

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Interceptions for Communications and Surveillance Ordinance (Cap. 589)

Primary Documents

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