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The process leading to the enactment of the Interception of Communications and Surveillance Ordinance is a good example of how the Administration strives to strike a balance between protecting privacy on the one hand, and ensuring the maintenance of law and order and protection of public security on the other, the Secretary for Secretary, Mr Ambrose SK Lee, said today (November 10).
Speaking at the 26th Asia Pacific Privacy Authorities Forum, Mr Lee said that when formulating the legislative proposal, the Administration conducted numerous studies and consultations to learn more about the community's expectations of how privacy and security should be balanced.
In March this year, he said, the Administration published the Bill, which then went through the normal legislative process, including the scrutiny of a Bills Committee with a total of 46 sessions involving 120 hours' discussion.
"The scrutiny during these several months is at least comparable in detail to the most in-depth discussions over the most complex bills, and is almost unparallelled in terms of its intensity," Mr Lee said.
He said that with the support of the Legislative Council, the Bill was finally passed on August 6 after almost four full days of debate, and the Ordinance came into effect on August 9.
"I cannot say that I enjoyed every minute of those four days of marathon debate at the Legislative Council, but we take comfort from the fact that the piece of legislation passed after the massive effort by all concerned is one of the best among comparable jurisdictions in terms of the safeguards provided," he added.
Mr Lee said that enabling law enforcement agencies to maintain their effectiveness in combating crime and protecting public security was crucial to ensuring that Hong Kong remained one of the safest cities in the world.
"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 the proportionality and necessity tests are met, and that there is reasonable suspicion regarding a person's involvement in serious crime or the threat to public security.
In addition, there are stringent safeguards for privacy at all stages of the operation by law enforcement agencies -- from the initial application, execution of the authorisation, to the subsequent oversight.
Moreover, throughout the entire process, the compliance of the law enforcement agencies with the relevant requirements is subject to independent oversight by the Commissioner on Interception of Communications and Surveillance as well as their internal reviews.
"To enhance transparency and accountability, the Ordinance provides that the Commissioner must submit an annual report to the Chief Executive, then it will be tabled in the Legislative Council," Mr Lee said.
The report will cover such matters as the various aggregate statistics and the compliance of law enforcement agencies with the 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," said Mr Lee.
The Ordinance builds in mechanisms for review. The Government will review the matters raised in the Commissioner's annual report and report to the Legislative Council. The occasions of the annual reports provide a basis for public review.
"We have also undertaken to carry out a comprehensive review of the implementation of the whole Ordinance after the Commissioner has submitted his second full-year annual report," Mr Lee added.
Ends/Friday, November 10, 2006
Issued at HKT 12:05
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