XN000022-1994-04-21 — Page 7

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THURSDAY, APRIL 21, 1994

MR SIMON IP: THANK YOU MR PRESIDENT. GOVERNOR, ARE YOU ABLE ΤΟ CONFIRM AS ACCURATE RECENT PRESS REPORTS THAT THE INDEPENDENT REVIEW COMMITTEE WILL LOOK AT THE ICAC'S POWERS TO TAP TELEPHONES UNDER THE TELECOMMUNICATIONS ORDINANCE AND IF SO, WHETHER THAT COMMITTEE WILL BE ASKED TO CONSIDER THE SETTING UP OF SOME AUTHORITY, OTHER THAN TELEPHONE TAPPING UNDER THE

YOURSELF. ORDINANCE?

TO MONITOR AND REPORT ON

GOVERNOR:

I'M SURE THE HONOURABLE MEMBER KNOWS THAT THE QUESTION OF INTERCEPTIONS IS IN FACT ALREADY BEING LOOKED AT AT THE SPECIFIC REQUEST OF THE GOVERNMENT. IT'S ALREADY BEING LOOKED AT BY THE LAW COMMISSION WHICH WE HOPE WILL REPORT IN AUGUST OF THIS YEAR. IT'S PART OF THE LAW COMMISSION'S WORK ON PRIVACY. WE ASKED THEM TO LOOK AT INTERCEPTIONS AND THEY'RE DOING SO. THE POSITION AT PRESENT IS COVERED BY THE TELECOMMUNICATIONS ORDINANCE, SECTION 33, AND OF COURSE THERE ARE PROVISIONS IN THE ICAC ORDINANCE AS WELL WHICH AFFECT OPERATIONS IN RESPECT OF THAT BODY'S WORK. I IMAGINE THAT WHEN IT LOOKS AT THE POWERS AND FUNCTIONS OF THE ICAC, THE REVIEW COMMITTEE WILL WANT BOTH TO CONSIDER THE WORK THAT'S ALREADY BEEN DONE BY THE LAW COMMISSION AND MAY WISH TO LOOK AT THE SUBJECT ITSELF QUITE INDEPENDENTLY. IT WILL BRING FORWARD RECOMMENDATIONS AND THE LAW COMMISSION WILL BRING FORWARD RECOMMENDATIONS AND WE'LL CONSIDER IN GOOD FAITH. SOME PEOPLE HAVE SUGGESTED ADDITIONAL SAFEGUARDS IT COMES TO AUTHORISATION, I'M SURE THAT THAT IS ONE OF THE THINGS THAT WILL BE LOOKED AT.

1 DO

THEM WHEN

WANT TO MAKE IT CLEAR ONCE AGAIN TO HONOURABLE MEMBERS THAT ANY INTERCEPTIONS ARE CARRIED OUT WHOLLY WITHIN THE PARAMETERS OF THE LAW. IF WE WISH TO CHANGE THE LAW THEN THAT IS A DECISION WHICH THE LEGISLATIVE COUNCIL AND THE COMMUNITY WILL TAKE OVER THE COMING MONTHS AND YEARS. BUT ANYTHING WHICH 18 DONE IS DONE WITHIN THE LAW AND IT'S THE GOVERNMENT WHICH HAS TAKEN THE INITIATIVE, BOTH IN RELATION TO THE LAW COMMISSION AND IN RELATION TO THE ICAC REVIEW, IT'S THE GOVERNMENT WHICH HAS TAKEN THE INITIATIVE TO ACTUALLY THE LAW IN THESE MATTERS.

REVIEW

MR

MS EMILY LAU: THANK YOU, MR PRESIDENT, THE GOVERNOR TOLD US THAT THERE WAS NO POLITICISATION OF THE ICAC AND SAID THE RECENT UNFOUNDED ALLEGATIONS WILL ONLY UNDERMINE PUBLIC CONFIDENCE IN THE 1CAC. PRESIDENT, I WANT THE GOVERNOR TO CONFIRM FOR THIS COUNCIL AND FOR THE MEMBERS OF THE PUBLIC OF HONG KONG, THAT HE HIMSELF, NOR ANY SENIOR GOVERNMENT OFFICIAL, HAS NOT AUTHORISED THE ICAC ΤΟ 'BUG' THE TELEPHONES OF FORMER SENIOR GOVERNMENT OFFICIALS AND POLITICIANS NON-CORRUPTION RELATED OFFENCES.

FOR

/GOVERNOR:

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