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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