The Interception of Communications and Surveillance Ordinance provides a statutory regime for the authorization and regulation of interception of communications and covert surveillance conducted by law enforcement agencies to prevent or detect serious crime and protect public security.
Part 1: PRELIMINARY
Section 2: Interpretation
“Type 1 surveillance” (第1類監察) means any covert surveillance other than Type 2 surveillance;
“Type 2 surveillance” (第2類監察), subject to subsections (3) and (4), means any covert surveillance that—
(a) is carried out with the use of a listening device or an optical surveillance device by any person for the purpose of listening to, monitoring or recording words spoken or activity carried out by any other person, if the person using the device—
(i) is a person by whom the other person intends, or should reasonably expect, the words or activity to be heard or seen; or
(ii) listens to, monitors or records the words or activity with the consent, express or implied, of a person described in subparagraph (i); or
(b) is carried out with the use of an optical surveillance device or a tracking device, if the use of the device does not involve—
(i) entry onto any premises without permission; or
(ii) interference with the interior of any conveyance or object, or electronic interference with the device, without permission.
Part 3 PRESCRIBED AUTHORIZATIONS, ETC.
Division 2 Judge’s Authorizations
Section 8: Application for judge’s authorization for interception or Type 1 surveillance
(1) An officer of a department may apply to a panel judge for the issue of a judge’s authorization for any interception or Type 1 surveillance to be carried out by or on behalf of any of the officers of the department.
Division 3: Executive Authorizations
Section 14: Application for executive authorization for Type 2 surveillance
(1) An officer of a department may apply to an authorizing officer of the department for the issue of an executive authorization for any Type 2 surveillance to be carried out by or on behalf of any of the officers of the department.