INTERCEPTION OF COMMUNICATIONS AND
SURVEILLANCE ORDINANCE
“postal interception” (郵件截取) means interception of any communication transmitted by a postal service;
“postal service” (郵政服務) means postal service to which the Post Office Ordinance (Cap. 98) applies;
“premises” (處所) includes any place and, in particular, includes—
- (a) any land or building;
- (b) any conveyance;
- (c) any structure (whether or not movable or offshore); and
- (d) any part of any of the premises described in paragraph (a), (b) or (c);
“prescribed authorization” (訂明授權) means a judge’s authorization, an executive authorization or an emergency authorization;
“protected product” (受保護成果) means any interception product or surveillance product;
“public place” (公眾地方)—
- (a) means any premises which are a public place as defined in section 2(1) of the Summary Offences Ordinance (Cap. 228); but
- (b) does not include any such premises that are intended for use by members of the public as a lavatory or as a place for taking a bath or changing clothes;
“public security” (公共安全) means the public security of Hong Kong;
“relevant authority” (有關當局)—
- (a) in relation to an application for the issue or renewal of a judge’s authorization, means the panel judge to whom the application is or has been made;
- (b) in relation to an application for the issue or renewal of an executive authorization, means the authorizing officer to whom the application is or has been made; or
- (c) in relation to an application for the issue of an emergency authorization, means the head of a department to whom the application is or has been made;
“relevant purpose” (有關目的), in relation to a prescribed authorization, means the purpose sought to be furthered by carrying out the interception or covert surveillance concerned as described in section 3 for the purpose of the issue or renewal, or the continuance, of the prescribed authorization;
“relevant requirement” (有關規定) means any applicable requirement under—
- (a) any provision of this Ordinance;
- (b) the code of practice; or
- (c) any prescribed authorization or device retrieval warrant concerned;
“serious crime” (嚴重罪行) means any offence punishable—