2 -
The Sub-committee acknowledge that there are circumstances where surveillance or interception of communications may be justified on legitimate grounds. They therefore recommend a warrant system which allows application to be made to the High Court for the issue of a warrant authorising intrusion for the purpose of preventing or detecting serious crime, or for the purpose of security, defence or international relations in respect of Hong Kong.
They recommend that a Justice of Appeal should be appointed as the supervisory authority to review the issue of warrants. Any person who suffers loss as a result of an unauthorised intrusion should be able to claim compensation.
The supervisory authority is also expected to furnish annual reports to the Governor and the Legislative Council, covering such matters as the number of warrants authorised and their average length and extensions.
The consultation paper is issued to elicit comments on the preliminary recommendations made by the Sub-committee. The consultation period will expire on June 15, 1996. The Secretary to the Commission, Mr Stuart Stoker, stressed the importance of the consultation process in ensuring that any final recommendations by the Commission were workable and broadly acceptable to the community.
The paper is available on the Government home page http://www.info.gov.hk (under "topical information: - consultation paper"). Anyone who wishes to obtain a hard copy of the paper should contact the Secretary to the Commission, 20th floor, Harcourt House, 39 Gloucester Road, Wan Chai, Hong Kong. All submissions should reach the Secretary of the Privacy Sub-committee at the same address or by facsimile on 2865 2902.
End
Publication of consultation paper on privacy welcomed
The Government welcomes the publication of the consultation paper on "Regulating Surveillance and Interception of Communications" by the Privacy Sub- committee of the Law Reform Commission today (Tuesday).
"We will study the Paper carefully and consult within the Government, seeking the views of the departments concerned," a Government spokesman said.