INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE PART 2 2-2 Section 4 Cap. 589 PART 2 PROHIBITION ON INTERCEPTION AND COVERT SURVEILLANCE 4. Prohibition on interception (1) Subject to subsection (2), no public officer shall, directly or indirectly (whether through any other person or otherwise), carry out any interception. (2) Subsection (1) does not apply to— (a) any interception carried out pursuant to a prescribed authorization; (b) any interception of telecommunications transmitted by radiocommunications (other than the radiocommunications part of a telecommunications network for the provision of a public telecommunications service by any carrier licensee under the Telecommunications Ordinance (Cap. 106)); and (c) any interception authorized, permitted or required to be carried out by or under any enactment other than this Ordinance (including any interception carried out in the course of the execution of an order of a court authorizing the search of any premises or the seizure of any evidence). (3) In this section, “carrier licensee” (傳送者牌照持有人), “public telecommunications service” (公共電訊服務), “radiocommunications” (無線電通訊), “telecommunications” (電訊) and “telecommunications network” (電訊網絡) have the meanings respectively assigned to them by section 2(1) of the Telecommunications Ordinance (Cap. 106). Last updated date 9.8.2006