Hong Kong Ordinances

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE - SECT 31

What a prescribed authorization may not authorize

(1) Notwithstanding anything in this Ordinance, unless exceptional
circumstances exist—

   (a)  no prescribed authorization may contain terms that authorize the
        interception of communications by reference to—

        (i)    in the case of a postal interception, an office or other 
               relevant premises, or a residence, of a lawyer; or

        (ii)   in the case of a telecommunications interception, any
               telecommunications service used at an office or
               other relevant premises, or a residence, of a lawyer, or any
               telecommunications service known or reasonably expected to be
               known by the applicant to be ordinarily used by a lawyer for
               the purpose of providing legal advice to clients; and

   (b)  no prescribed authorization may contain terms that authorize any
        covert surveillance to be carried out in respect of oral or written
        communications taking place at an office or other relevant premises,
        or a residence, of a lawyer.

(2) For the purposes of subsection (1), exceptional circumstances exist if the
relevant authority is satisfied that there are reasonable grounds to
believe—

   (a)  that—

        (i)    the lawyer concerned;

        (ii)   in the case of an office or other relevant premises of the
               lawyer, any other lawyer practising with him or any other
               person working in the office; or

        (iii)  in the case of a residence of the lawyer, any other person
               residing in the residence,
is a party to any activity which constitutes or would constitute a
serious crime or a threat to public security; or

   (b)  that any of the communications concerned is for the furtherance of a
        criminal purpose.

(3) For the avoidance of doubt, a prescribed authorization does not authorize
any device to be implanted in, or administered to, a person without the
consent of the person.

(4) In this section—

"lawyer" (律師) means a barrister, solicitor or foreign lawyer as defined in
section 2(1) of the Legal Practitioners Ordinance ( Cap 159) who practises as
such, or any person holding an appointment under section 3(1) of the
Legal Aid Ordinance ( Cap 91);

"other relevant premises" (其他有關處所), in relation to a lawyer, means
any premises, other than an office of the lawyer, that are known or reasonably
expected to be known by the applicant to be ordinarily used by the lawyer and
by other lawyers for the purpose of providing legal advice to clients

(including any premises ordinarily used by lawyers for the purpose of
providing legal advice to clients when in court or visiting a prison, police
station or other place where any person is detained).

"lawyer" (律師)

"other relevant premises" (其他有關處所)