Hong Kong Ordinances

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE - SECT 4

Prohibition on interception

PART 2

PROHIBITION ON INTERCEPTION AND COVERT SURVEILLANCE

(1) Subject to subsection (2), no public officer shall, directly or indirectly
(whether through any other person or otherwise), carry out any interception.

(2) Subsection (1) does not apply to—

   (a)  any interception carried out pursuant to a prescribed  authorization;

   (b)  any interception of telecommunications transmitted by
        radiocommunications (other than the radiocommunications part of a
        telecommunications network for the provision of a public 
        telecommunications service by any carrier licensee under the
        Telecommunications Ordinance ( Cap 106)); and

   (c)  any interception authorized, permitted or required to be carried out
        by or under any enactment other than this Ordinance (including any
        interception carried out in the course of the execution of an order of
        a court authorizing the search of any premises or the seizure of any
        evidence).

(3) In this section, "carrier licensee" (傳送者牌照持有人), "public
telecommunications service" (公共電訊服務), " radiocommunications"
(無線電通訊),

"telecommunications" (電訊) and "telecommunications network" (電訊網絡)
have the meanings respectively assigned to them by section 2(1) of the
Telecommunications Ordinance ( Cap 106).

"carrier licensee" (傳送者牌照持有人), "public telecommunications
service" (公共電訊服
務), "radiocommunications" (無線電通訊), "telecommunications" (電訊)
and

"telecommunications network" (電訊網絡)