- 9 A B A 20. BOR14 also provides: “Protection of privacy, family, home, correspondence, honour and reputation C (1) No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. D E B C D E (2) Everyone has the right to the protection of the law against such interference or attacks.” F G F 21. The protection against unlawful and arbitrary interference of G one’s privacy under BOR14, read together with BL30, includes a right to H I be secure against intrusion of an individual’s rights over his properties such as search and seizure. The right balance between the demands of H I interests of the society in effective law enforcement and the requirements J K of the protection of an individual’s fundamental right to privacy is achieved in law through having a balance that meets the proportionality J K test. See: R v Yu Yem-kin (1994) 4 HKPLR 75 at 92, lines 38 - 43, L L per Jerome Chan J; Democratic Party v Secretary for Justice [2007] 2 M N HKLRD 804 at paragraphs 64 and 65, per Hartmann J (as he then was); Leung Kwok Hung v Chief Executive of Hong Kong Special M N Administrative Region (unreported, CACV 73 & 87/2006, 10 May 2006, O P Q R Stuart-Moore VP, Yeung and Tang JJA) at paragraphs 1 and 34, per Tang JA (as the learned PJ then was). 22. The protection of privacy against unlawful or arbitrary interference under BOR14 has also recently been examined by our Court O P Q R of Appeal in Keen Lloyd v Commissioner of Customs and Excise [2016] 2 S T HKLRD 1372 in the context of a search made pursuant to a warrant issued under section 21 of the Import and Export Ordinance (Cap 60). S T U U V V