Constitutional move: Secretary for Security Ambrose Lee says the covert surveillance order is legal and constitutional and can improve privacy protection.

Secretary for Security Ambrose Lee says the covert surveillance order aims to address public concern on the issue, adding the move is legal and constitutional and can improve privacy protection.

Speaking at a special Legislative Council meeting today, Mr Lee said two recent District Court rulings raised concern over how law-enforcement agencies conduct covert surveillance and the legality of such operations.

To expeditiously address this concern and the agencies' need for a clearer legal basis, the Chief Executive decided to issue the executive order.

The Government agrees that ultimately it should put the measures governing covert surveillance into legislation, Mr Lee said, adding a proposal will be tabled at the council as soon as practicable.

Guidelines issued

Noting the Independent Commission Against Corruption, Police, and the Customs & Excise and Immigration Departments have issued covert-surveillance guidelines, the secretary said the agencies can conduct operations according to the executive order.

Other agencies, if they wish to conduct similar operations, must submit their own guidelines to the Security Bureau for endorsement or seek Police assistance.

When asked whether the courts should issue warrants for covert surveillance in future, Mr Lee said the Government keeps an open mind on the subject and is willing to listen to public views. However, he said the Government needs to strike a balance between enforcement efficiency and human-rights protection.

On interception of communications, Mr Lee said the subject is different from covert surveillance and a legislative proposal on governing the interception of communications will be introduced to the council by year's end.