INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE
PART 1
1-6
Section 2
Cap. 589
(a) means any surveillance carried out with the use of
any surveillance device for the purposes of a specific
investigation or operation, if the surveillance—
(i) is carried out in circumstances where any person
who is the subject of the surveillance is entitled to
a reasonable expectation of privacy;
(ii) is carried out in a manner calculated to ensure that
the person is unaware that the surveillance is or
may be taking place; and
(iii) is likely to result in the obtaining of any private
information about the person; but
(b) does not include—
(i) any spontaneous reaction to unforeseen events or
circumstances; and
(ii) any such surveillance that constitutes interception
under this Ordinance;
“data surveillance device” (數據監察器材)—
(a) means any device or program used to monitor or
record the input of information into, or the output of
information from, any information system by electronic
means; but
(b) does not include an optical surveillance device;
“department” (部門)—
(a) in relation to interception (including any application for
the issue or renewal of a prescribed authorization for
interception, any prescribed authorization for interception
and any other matter relating to interception), means a
department specified in Part 1 of Schedule 1;
(b) in relation to covert surveillance (including any
application for the issue or renewal of a prescribed
authorization for covert surveillance, any prescribed
Last updated date
24.6.2016
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