The proposed Interception of Communications & Surveillance Bill strikes the right balance between protecting public security and law and order, and enhancing statutory safeguards for privacy, Secretary for Security Ambrose Lee says.
Speaking at a special Legislative Council Security Panel meeting today, Mr Lee said the proposed law has reduced the power of law-enforcement agencies. The Government studied the experience and laws of countries like the US, the UK and Australia before drafting the bill, which he said is more stringent compared with these countries.
Mr Lee said the Government does not propose a notification system, as informing the targets of covert surveillance will seriously affect law-enforcement agencies' ability to conduct investigations. He said applications for all interception of communications and more intrusive covert surveillance will have to be submitted to one member of a panel of three to six judges from the Court of First Instance.
Noting the Chief Executive will appoint panel members on the Chief Justice's recommendation, Mr Lee said the arrangement will not affect judges' independence. All panel members must go through an integrity check before being formally appointed, which is normal practice when appointing officials to some sensitive posts, such as Commissioner of Police.
He said he has talked to the Judiciary on the issue and they have not raised any objection.
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