由此 -4- A B C D E upon the freedom and privacy of communication which are fundamental rights. 5. A B C We have as guidance for our approach, the following observation in the judgment of the Court of Final Appeal in Leung Kwok D E Hung and Others v HKSAR [2005] 8 HKCFAR 229 at 248C: F “16. It is well established in our jurisprudence that the courts must give such a fundamental right a generous interpretation so as to give individuals its full measure. Ng Ka Ling v. Director of Immigration (1999) 2 HKCFAR 4 at 28-9. On the other hand, restrictions on such a fundamental right must be narrowly interpreted. Gurung Kesh Bahadur v. Director of Immigration (2002) 5 HKCFAR 480 at para.24. Plainly, the burden is on the Government to justify any restriction. This approach to constitutional review involving fundamental rights, which has been adopted by the Court, is consistent with that followed in many jurisdictions. Needless to say, in a society governed by the rule of law, the courts must be vigilant in the protection of fundamental rights and must rigorously examine any restriction that may be placed on them.” G H I J K L F G H I J K L Background M N M 6. There is no operative Hong Kong legislation that provides for N all forms of covert surveillance. There are, however, a number of O P operative statutes which provide for secret interception of limited types of private communications. Such statutory provisions included section 33 of O P the Telecommunications Ordinance (“section 33”), Cap. 106, which gives Q R the Chief Executive power, whenever he considers that the public interest so requires, inter alia, to order the interception or disclosure to the Q R government of telecommunications. S S T T U U V V