INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE
PART 1
1-22
Section 2
Cap. 589
the prescribed authorization apply to the Type 2 surveillance
as if it were Type 1 surveillance.
(5) For the purposes of this Ordinance—
(a) a communication transmitted by a postal service is
regarded as being in the course of the transmission if
it is regarded as being in course of transmission by
post under section 2(2) of the Post Office Ordinance
(Cap. 98); and
(b) a communication transmitted by a telecommunications
system is not regarded as being in the course of the
transmission if it has been received by the intended
recipient of the communication or by an information
system or facility under his control or to which he may
have access, whether or not he has actually read or
listened to the contents of the communication.
(6) For the purposes of this Ordinance, the contents of any
communication transmitted by a telecommunications
system include any data produced in association with the
communication.
(7) For the purposes of this Ordinance, advocacy, protest or
dissent (whether in furtherance of a political or social
objective or otherwise), unless likely to be carried on by
violent means, is not of itself regarded as a threat to public
security.
(8) For the purposes of this Ordinance—
(a) an application is regarded as being made orally if it
is made orally in person or made by telephone, video
conferencing or other electronic means by which words
spoken can be heard (whether or not any part of the
application is made in writing);
(b) information is regarded as being provided orally if it
is provided orally in person or provided by telephone,
Last updated date
24.6.2016
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