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The first full-year annual report of the Commissioner on Interception of Communications and Surveillance covering the year 2007 was tabled in the Legislative Council today (February 11).
"We are pleased to note that the Commissioner, Mr Justice Woo Kwok-hing, is generally satisfied with the compliance of the law enforcement agencies (LEAs) with the requirements under the Interception of Communications and Surveillance Ordinance.
"The commissioner is also satisfied that the LEAs have been co-operative in assisting him in the performance of his oversight functions under the ordinance," a government spokesman said.
In his report, the commissioner considered that with the LEAs and the panel judges gaining more experience in the implementation of the requirements of the ordinance, the statutory interception and covert surveillance regime under the ordinance had operated more smoothly.
As Mr Justice Woo pointed out in the annual report, the various factual situations that occurred during the report period had enriched the experience of all concerned, affording them a better understanding of the provisions of the ordinance as well as how they were put to work. Consequently, inadequacies of the statutory provisions and of the practical procedures could be discerned and against which improvements had been made or suggested.
"In this regard, the Security Bureau has also revised the Code of Practice to provide clearer operational guidelines to the LEAs to further improve the operation of the ordinance," the spokesman said.
In his report, the commissioner observed that there were some instances of non-compliance with the requirements by individual officers of the LEAs. This notwithstanding, the commissioner accepted that these instances were mainly due to inadvertence, or the lack of thorough understanding of or familiarity with the relevant requirements of the ordinance.
"The commissioner considers that there is no or insufficient evidence of any wilful or deliberate flouting of the requirements of the ordinance," the spokesman said.
"From the perspective of the LEAs, they have gained more practical experience in the handling of matters relating to the ordinance, and have attained better understanding of the detailed requirements of the commissioner and the panel judges.
"The enhanced procedures and requirements impose additional commitments on the LEAs but LEAs appreciate that the improvement measures inject added rigour and tighten up the regime. The LEAs have implemented the commissioner's recommendations or taken appropriate measures to address the issues identified in the commissioner's findings."
The Administration will conduct a comprehensive review of the ordinance after the Commissioner has submitted his second full-year report, the 2008 Annual Report.
"For those issues involving consideration of possible legislative amendments, the Administration will take account of the commissioner's advice and address them in the comprehensive review of the ordinance," the spokesman said.
The Interception of Communications and Surveillance Ordinance, enacted in August 2006, provides for stringent control over the approval and operational procedures in respect of interception and covert surveillance operations conducted by authorised public officers. Under the ordinance, the commissioner is to oversee the LEAs' compliance with the statutory requirements and make regular reports to the Chief Executive. The Secretary for Security will, upon the Chief Executive's instruction, arrange for the tabling of the annual reports of the commissioner at the Legislative Council in accordance with the requirements of the ordinance.
Ends/Wednesday, February 11, 2009
Issued at HKT 18:02
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