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The Government announced today (July 27) that the Chief Executive, on the recommendation of the Chief Justice, has appointed three Panel Judges and the Commissioner on Interception of Communications and Surveillance under the Interception of Communications and Surveillance Ordinance.
Under the Ordinance, there should be three to six Panel Judges to consider applications for authorisations of interception and Type 1 surveillance and for device retrieval warrants.
The Chief Executive has appointed Mr Justice Anthony To Kwai-fung to succeed Mr Justice Pang Kin-kee as the Panel Judge under the Ordinance for a term of three years commencing August 1, 2012. He has also re-appointed Mr Justice Azizul Rahman Suffiad and Mr Justice Andrew Chung On-tak as Panel Judges for a term of three years commencing August 9, 2012.
Mr Justice To was admitted as solicitor in Hong Kong in 1981 and in England in 1984. He was appointed as Crown Counsel and Senior Crown Counsel in 1981 and 1983 respectively. He joined the Judiciary as Magistrate in 1987 and was appointed as District Judge in 1997 and Judge of the Court of First Instance of the High Court in 2009.
The Chief Executive, Mr C Y Leung, said, "Mr Justice Pang Kin-kee has served as a panel judge under the Ordinance since 2006. We are grateful for his dedicated services and his devotion in handling the law enforcement agencies' applications for prescribed authorisation under the Ordinance in the past six years. We are confident that the three Panel Judges will continue to make use of their expertise and experience to ensure the effective operation of the regulatory regime under the Ordinance."
Under the Ordinance, the Commissioner performs the role of an independent oversight authority to ensure the law enforcement departments' compliance with the requirements of the Ordinance. The Chief Executive has appointed Mr Justice Darryl Gordon Saw, Judge of the Court of First Instance of the High Court, as the Commissioner for a term of three years with effect from August 17, 2012.
Mr Justice Saw was admitted as Barrister and Solicitor of the Supreme Court of Victoria, Australia, as well as the High Court of Australia in 1972. He was admitted as Barrister of the Victorian Bar of Australia in 1973. He was appointed Queen's Counsel in 1997 in Hong Kong. Mr Saw served in the Department of Justice and was promoted to Principal Government Counsel in 1999 and took up the post of Deputy Director of Public Prosecutions in the same year. Mr Justice Saw was appointed as Judge of the Court of First Instance of the High Court in 2007.
Commenting on the appointment, the Chief Executive said, "Mr Justice Darryl Gordon Saw is a judge with a wealth of experience. I am confident that he will be able to perform this important task most capably, and to perform the role of an independent oversight authority under the Ordinance to ensure the law enforcement agencies' compliance and the effective operation of the regulatory regime."
Mr Woo Kwok-hing is currently the Commissioner. He has served in the post since 2006 and will retire on August 16, 2012. The Chief Executive said, "We are grateful for the dedicated services provided by Mr Woo Kwok-hing, which helped to build a strong foundation for the regulatory regime of the law enforcement agencies to conduct interception and covert surveillance. I express my gratitude for the valuable contribution by Mr Woo and wish him every success in his future endeavours."
The Ordinance provides a comprehensive statutory framework for regulating the carrying out of interception and covert surveillance by designated law enforcement agencies and aims to strike a balance between protecting the rights of the community to law and order and the privacy rights of the individual.
Ends/Friday, July 27, 2012
Issued at HKT 15:02
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