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Following is a question by the Hon Sin Chung-kai and a written reply by the Secretary for Security, Mr Ambrose S K Lee, in the Legislative Council today (March 22):
Question:
Regarding the searches of web-hosting companies for the private information of their clients by law enforcement agencies, will the Government inform this Council:
(a) of the number of searches conducted, the number of companies searched and the number of criminal prosecution cases in which information obtained from such searches was used, in each quarter of the past three years;
(b) of the types of information which are the subject of the searches;
(c) whether the law enforcement agencies provided on each occasion a copy of the search warrant to the company concerned for record;
(d) whether the law enforcement agencies will request the companies being searched not to inform the clients concerned that their private information has been searched; if they will, of the reasons for that; and
(e) whether it has put in place measures to reduce the impact of such searches on the daily operation of web-hosting companies; if it has, of the details of the measures?
Reply:
Madam Chairman,
The situation regarding the searches of web-hosting companies during investigation of cases by the Police, the Independent Commission Against Corruption, and the Customs and Excise Department is as follows -
(a) The Administration does not keep the overall statistics of the relevant cases.
(b) The information searched and seized depends on the circumstances of the cases. The more common items include the particulars of registered persons and operational records of accounts.
(c) If so requested by the companies being searched, the law enforcement agencies will provide copies of the search warrant for their record.
(d) If the law enforcement agencies consider it operationally necessary, they would request the companies being searched not to disclose information regarding the operations to the relevant clients so as not to prejudice the investigation.
(e) In executing the search warrants, the law enforcement agencies would minimise any interference of the daily operation of the companies being searched. For example, where feasible, the law enforcement agencies would only request the company concerned to provide the information needed for the investigation, without the need to undertake a physical search inside the company. Where it is necessary to undertake a physical search operation and the company concerned is not the target of the investigation, the law enforcement agencies would inform the persons in charge of the company in advance as far as possible, such that they could have sufficient time to make the necessary preparations.
Ends/Wednesday, March 22, 2006
Issued at HKT 14:42
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