Legislative proposals on communications interception and covert surveillance balance privacy and public security protection, Secretary for Security Ambrose Lee says.

Outlining the proposals at the Legislative Council today, Mr Lee said they take into account the Law Reform Commission's consultation paper and report in 1996 and a host of other views.

The Government will introduce a bill to the Legislative Council after soliciting the views of lawmakers and other interested parties on the key parameters of the proposals.

Mr Lee said the criteria for authorisation will be clearly spelt out and a set of stringent safeguards for privacy, including judicial authorisation for more intrusive operations, an independent oversight authority, and complaints handling and compensation mechanisms, will be formed.

It is proposed that authorisation should only be given for the purpose of preventing or detecting serious crime or the protection of public security. Tests of proportionality and necessity must be met, taking into account the gravity and immediacy of a case and whether other less intrusive means can be used.

Mr Lee said safeguards will be introduced at different stages of these operations to ensure the proper implementation of the statutory regime and to protect people against unwarranted intrusion.

Tiered system

A tiered system incorporating judicial authorisation is proposed to deal with communications interception and covert surveillance with varying degrees of intrusiveness.

Applications for all communications interception and more intrusive covert surveillance will be submitted to a panel of High Court judges. The Chief Executive will appoint the panel on the Chief Justice's recommendation.

Less intrusive covert surveillance will be authorised by designated senior officers of enforcement agencies. The degree of intrusiveness will mainly hinge on whether surveillance devices are used and whether the surveillance is carried out by a party participating in the relevant communications.

An independent oversight authority will be established to review compliance with law and a code of practice will be issued.

Reports setting out information, such as the number of authorisations and major categories of offences, will be tabled at LegCo.

The Commissioner on Interception of Communications & Surveillance is proposed to be a sitting or retired judge, to be appointed by the Chief Executive on the recommendation of the Chief Justice.