INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE PART 1 1-20 Section 2 Cap. 589 (i) is a person by whom the other person intends, or should reasonably expect, the words or activity to be heard or seen; or (ii) listens to, monitors or records the words or activity with the consent, express or implied, of a person described in subparagraph (i); or (b) is carried out with the use of an optical surveillance device or a tracking device, if the use of the device does not involve— (i) entry onto any premises without permission; or (ii) interference with the interior of any conveyance or object, or electronic interference with the device, without permission. (2) For the purposes of this Ordinance, a person is not regarded as being entitled to a reasonable expectation of privacy within the meaning of paragraph (a)(i) of the definition of “covert surveillance” in subsection (1) in relation to any activity carried out by him in a public place, but nothing in this subsection affects any such entitlement of the person in relation to words spoken, written or read by him in a public place. (3) For the purposes of this Ordinance, any covert surveillance which is Type 2 surveillance under the definition of “Type 2 surveillance” in subsection (1) is regarded as Type 1 surveillance if it is likely that any information which may be subject to legal professional privilege will be obtained by carrying it out. (4) An officer of a department may apply for the issue or renewal of a prescribed authorization for any Type 2 surveillance as if the Type 2 surveillance were Type 1 surveillance, and the provisions of this Ordinance relating to the application and Last updated date 24.6.2016