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 From Hong Kong's Information Services Department
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March 1, 2006
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Security
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ExCo approves surveillance bill
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Secretary for Security Ambrose Lee says the Executive Council has approved the introduction of the Interception of Communications & Surveillance Bill into the Legislative Council.

 

He said a brief on the bill will be provided to lawmakers today, and called for their co-operation so it can be enacted as soon as possible, to ensure Hong Kong's safety.

 

Mr Lee told lawmakers today that law enforcement agencies have conducted 178 cases of communications interception and 170 covert surveillances. He will count the cases arising since February 20 for three months and inform the Security Panel.

 

He said the legislative proposals on communications interception are based on the recommendations of the Law Reform Commission in 1996, the 1997 White Bill on interception as well as the Interception of Communications Ordinance.

 

Surveillance 'lawful'

Mr Lee said the court declared on February 9 that section 33 of the Telecommunications Ordinance and the Law Enforcement (Covert Surveillance Procedures) Order remain valid and of legal effect for six months from the date of the order.

 

"We are advised it will continue to be lawful for our law enforcement agencies to carry out interception of communications and covert surveillance under the respective legislation and the Executive Order during that period," he said.

 

Noting the declaration of temporary validity is the subject of an appeal, Mr Lee said he will not speculate on the outcome, while stressing the need for the early enactment of the bill.

 

Bill enhanced

The bill sets out the definitions and the conditions for the issue, renewal or continuance of prescribed authorisations for the conduct of interception of communications and covert surveillance operations.

 

Improvements have been added to the draft, such as safeguards for privacy and against abuse, taking into account views received in consolations in recent months.

 

It will be gazetted March 3, and tabled at LegCo five days later.