INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE
PART 3—Division 6
Section 31
Cap. 589
3-54
(b) no prescribed authorization may contain terms that
authorize any covert surveillance to be carried out in
respect of oral or written communications taking place
at an office or other relevant premises, or a residence, of
a lawyer.
(2) For the purposes of subsection (1), exceptional circumstances
exist if the relevant authority is satisfied that there are
reasonable grounds to believe—
(a) that—
(i) the lawyer concerned;
(ii) in the case of an office or other relevant premises
of the lawyer, any other lawyer practising with him
or any other person working in the office; or
(iii) in the case of a residence of the lawyer, any other
person residing in the residence,
is a party to any activity which constitutes or would
constitute a serious crime or a threat to public security;
or
(b) that any of the communications concerned is for the
furtherance of a criminal purpose.
(3) For the avoidance of doubt, a prescribed authorization does
not authorize any device to be implanted in, or administered
to, a person without the consent of the person.
(4) In this section—
“lawyer” (律師) means a barrister, solicitor or foreign lawyer as
defined in section 2(1) of the Legal Practitioners Ordinance
(Cap. 159) who practises as such, or any person holding an
appointment under section 3(1) of the Legal Aid Ordinance
(Cap. 91);
“other relevant premises” (其他有關處所), in relation to a lawyer,
means any premises, other than an office of the lawyer,
Last updated date
24.6.2016
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