A comprehensive review of the implementation of the surveillance law will be conducted after the Commissioner on Interception of Communications & Surveillance has submitted his second full-year annual report, Secretary for Security Ambrose Lee says.

He told the 26th Asia Pacific Privacy Authorities Forum today the process that led to the law's enactment is a good example of how the Government strives to strike a balance between protecting privacy, and ensuring the maintenance of law and order and protection of public security.

When formulating the legislative proposal, studies and consultations were carried out to learn more about the community's expectations on balancing privacy and security.

Safe city commitment

Noting the ordinance is one of the best among comparable jurisdictions in terms of safeguards provided, Mr Lee pointed out enabling law-enforcement agencies to maintain their effectiveness in combating crime and protecting public security is crucial to ensuring that Hong Kong remains one of the world's safest cities.

"Like their counterparts around the world, our law-enforcement agencies require interception of communications and covert surveillance as part of their repertoire of investigatory tools," he said.

The ordinance provides that interception or surveillance can only be done on the two grounds of preventing or detecting serious crime or protecting public security. It also requires that proportionality and necessity tests are met, and there is reasonable suspicion regarding a person's involvement in serious crime or the threat to public security.

Stringent safeguards

Stringent safeguards have been introduced for privacy at all stages of operation, from the initial application, execution of the authorisation, to the subsequent oversight. Throughout the entire process, law-enforcement agencies' compliance with the relevant requirements is subject to independent oversight by the Commissioner on Interception of Communications & Surveillance, as well as their internal reviews.

To enhance transparency and accountability, the Commissioner must submit an annual report to the Chief Executive, to be tabled in the Legislative Council. The report will cover such matters as statistics and law enforcement agencies' compliance with relevant requirements.

"While signs are that the regime is working, as we have set out to do, to enhance protection of privacy and to provide a clearer legal basis for law enforcement, it is too early to draw conclusions on the ordinance," Mr Lee said.

The Government will review the matters raised in the Commissioner's annual report and report to lawmakers. The annual reports also provide a basis for public review.