由此 -3- A B Article 39 The provisions of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and international labour conventions as applied to Hong Kong shall remain in force and shall be implemented through the laws of the Hong Kong Special Administrative Region. C D E The rights and freedoms enjoyed by Hong Kong residents shall not be restricted unless as prescribed by law. Such restrictions shall not contravene the provisions of the preceding paragraph of this Article. (“Article 39”)” F G A B C D E F G Hong Kong Bill of Rights H “Article 14 (identical to the Article 17 of the International Covenant on Civil and Political Rights (“ICCPR”)) H Protection of privacy, family, home, correspondence, honour and reputation I J K (1) No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. L (2) Everyone has the right to the protection of the law against such interference or attacks.” I J M 3. Thus, under Article 30, inspection of communication by the K L M relevant authorities “in accordance with legal procedures to meet the needs N O of public security or of investigation into criminal offences” is permitted. N Under Article 39(2), the rights and freedoms under Article 14 of the Hong O Kong Bill of Rights “shall not be restricted unless as prescribed by law”. P P And that such contraventions shall not contravene the provisions of Article Q R S T 14 of the Hong Kong Bill of Rights, which require that any such law must Q protect against “arbitrary or unlawful interference”. R 4. This appeal concerns covert surveillance by government and S whether they fall within the limited power of the government to infringe T U U V V

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