INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE
PART 1
1-26
Section 3
Cap. 589
which constitutes or would constitute the particular
threat to public security; and
(c) the interception or covert surveillance is necessary for,
and proportionate to, the purpose sought to be furthered
by carrying it out, upon—
(i) balancing the relevant factors against the
intrusiveness of the interception or covert
surveillance on any person who is to be the subject
of or may be affected by the interception or covert
surveillance;
(ii) considering whether the purpose sought to be
furthered by carrying out the interception or covert
surveillance can reasonably be furthered by other
less intrusive means; and
(iii) considering such other matters that are relevant in
the circumstances.
(2) In this section, “relevant factors” (有關因素) means—
(a) the immediacy and gravity of—
(i) where the purpose sought to be furthered by
carrying out the interception or covert surveillance
concerned is that specified in subsection (1)(a)(i),
the particular serious crime to be prevented or
detected; or
(ii) where the purpose sought to be furthered by
carrying out the interception or covert surveillance
concerned is that specified in subsection (1)(a)(ii),
the particular threat to public security; and
(b) the likely value and relevance, in relation to the purpose
sought to be furthered by carrying out the interception
Last updated date
24.6.2016
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