Hong Kong Ordinances

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE - SECT 3

Conditions for issue, renewal or continuance of prescribed authorization

(1) In this Ordinance, the conditions for the issue or renewal, or the
continuance, of a prescribed authorization, are that, in the circumstances of
the particular case—

   (a)  the purpose sought to be furthered by carrying out the interception or
        covert surveillance concerned is that of—

        (i)    preventing or detecting serious crime; or

        (ii)   protecting public security;

   (b)  there is reasonable suspicion that any person has been, is, or is
        likely to be, involved in—

        (i)    where the purpose sought to be furthered by carrying out the
               interception or covert surveillance is that specified in
               paragraph (a)(i), the particular serious crime to be prevented
               or detected; or

        (ii)   where the purpose sought to be furthered by carrying out the
               interception or covert surveillance is that specified in
               paragraph

   (a)  (ii), any activity which constitutes or would constitute the
        particular threat to public security; and

   (c)  the interception or covert surveillance is necessary for, and
        proportionate to, the purpose sought to be furthered by carrying it
        out, upon—

        (i)    balancing the relevant factors against the intrusiveness of the
               interception or covert surveillance on any person who is to be
               the subject of or may be affected by the interception or
               covert surveillance;

        (ii)   considering whether the purpose sought to be furthered by
               carrying out the interception or covert surveillance can
               reasonably be furthered by other less intrusive means; and

        (iii)  considering such other matters that are relevant in the
               circumstances.

(2) In this section, "relevant factors" (有關因素) means—

   (a)  the immediacy and gravity of—

        (i)    where the purpose sought to be furthered by carrying out the
               interception or covert surveillance concerned is that specified
               in subsection (1)(a)(i), the particular serious crime to be
               prevented or detected; or

        (ii)   where the purpose sought to be furthered by carrying out the
               interception or covert surveillance concerned is that specified
               in subsection (1)(a)(ii), the particular threat to
               public security; and

   (b)  the likely value and relevance, in relation to the purpose sought to
        be furthered by carrying out the interception or covert  surveillance,
        of the information likely to be obtained by carrying it out.

"relevant factors" (有關因素)