The Security Bureau is studying a Court of First Instance judgment on a case concerning the current regime of communications interception and covert surveillance, and will see whether it should expedite the legislative process.
In gist, the court today has:
* dismissed the declaration sought that the Chief Executive has a legal obligation to appoint a day for the commencement of the Interception of Communications Ordinance;
* found the Law Enforcement (Covert Surveillance Procedures) Order promulgated by the Chief Executive in July 2005 was lawfully made, but has no effect insofar as it purports to authorise or regulate covert surveillance conducted by law enforcement agencies; and,
* declared insofar as section 33 of Telecommunications Ordinance authorises or allows access to or disclosure of the contents of any message, it is unconstitutional.
The court recognised any legal vacuum brought about by the declarations made would constitute a real threat to the rule of law in Hong Kong and has therefore ordered that they be suspended for six months.
The bureau said it has for some time been committed to introducing a new legislative regime to regulate interception of communications and covert surveillance, and has already presented legislative proposals to the Legislative Council on February 7.
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