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The first annual report of the Commissioner on Interception of Communications and Surveillance was tabled in the Legislative Council today (October 31).
The report covers the period from the commencement of the Interception of Communications and Surveillance Ordinance (on August 9, 2006) to December 31, 2006.
"We are pleased to note that the Commissioner, Mr Justice Woo Kwok-hing, is satisfied with the overall compliance with the requirements of the ordinance by the law enforcement agencies (LEAs), and he has not detected any intentional or deliberate breach of the requirements of the ordinance or the Code of Practice by any LEAs or their officers," a government spokesman said.
The Government also noted the Commissioner's observations that apart from the cautious stance adopted by the Panel Judges in considering cases submitted to them by the LEAs, the LEAs also exercised caution in their operations under the ordinance, and that this has helped minimise intrusion into the privacy of people in Hong Kong. "The Commissioner has observed, for example, that LEAs had vigilantly taken the initiative to discontinue operations whenever their continuation are no longer warranted, that they had refrained from making an application for emergency authorisation, and that they had strictly adhered to the relevant requirements," the spokesman said.
From the perspective of the law enforcement, the LEAs have adapted to the new regime well. "In general, LEAs appreciate that with the stringent requirements and safeguards put in place, the regulatory framework provides a solid legal basis for the conduct of interception of communications and covert surveillance for law enforcement purposes, and these operations continue to be effective in preventing and detecting crimes as well as protecting public security," the spokesman said.
"Although some of the tightened procedures require adjustments to their operations and result in additional workload for the LEAs, they inject added discipline into the system and provide better protection of privacy for members of the community."
The Commissioner has made various recommendations in relation to the Code of Practice as well as recommendations to improve the arrangements drawn up by the LEAs for the purpose of the ordinance. In the light of the Commissioner's various suggestions and recommendations raised in his Annual Report and the operation experience of LEAs, the Security Bureau has carried out a study in consultation with the LEAs. As a result, the Secretary for Security has revised the Code of Practice and issued it to the LEAs for compliance.
"The Administration will continue to closely monitor the operation of the regime in respect of interception of communications and surveillance, and fully co-operate with the Commissioner and the Panel Judges to better carrying out the objects of the Ordinance," the spokesman said.
As undertaken previously, the Government will conduct a comprehensive review of the Ordinance in 2009 after the second full-year report of the Commissioner is available.
The ordinance provides for various control measures for the conduct of covert operations covered by the Ordinance. Under the statutory regime, LEAs must obtain authorisation from the relevant authority - panel judges or designated senior officers of LEAs as applicable - before carrying out specified types of covert operations. These operations must be for the purpose of preventing or detecting serious crime or protecting public security, and the tests of proportionality and necessity must be met. As an independent safeguard under the regime, the Commissioner is established to oversee LEAs' compliance with the relevant requirements under the ordinance.
Ends/Wednesday, October 31, 2007
Issued at HKT 17:45
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