Hong Kong approves surveillance bill (Xinhua) Updated: 2006-08-07 09:36
After five consecutive days of deliberation, the Legislative Council of the
Hong Kong Special Administrative Region (HKSAR) on Sunday passed the
Interception of Communications and Surveillance Bill, a new law to regulate
phone tapping and other surveillance measures.
The 32-0 passage of the bill at about 2:20 a.m. Sunday ended the marathon
debate which lasted for five months in the Legislative Council, which resumed
second reading of the bill Wednesday.
"With a rather improved supervision mechanism provided by the bill, the law
now reaches a good balance between effective law enforcement and the protection
of individual privacy," Secretary for Security Ambrose Lee Siu-Kwong said after
the passage of the bill.
"And I must emphasize that this piece of legislation is very important to
maintain the good law and order of Hong Kong," Lee said. "As everyone knows,
interception of communications and covert surveillance are indispensable
investigation facilities for law enforcement to safeguard public security, even
in Western society."
He said, "The aim of the bill is to ensure the individual privacy and other
human rights according to the Basic Law."
According to the bill, law enforcement sectors must get authorized license
from a judge or higher officers before intercepting communications of crime
suspects or terrorists and strictly abide by authorization clause during acting.
Meanwhile, the bill also stipulates that law enforcement's interception of
suspects' communications and surveillance moves will be put under independent
supervision together with interior review.
Lee said the law enforcement sectors would exercise surveillance only under
"necessary and specific" circumstances, adding such moves would be subject to
strict supervision.
The HKSAR government said it would soon finalize the follow-up actions like
the gazette of the bill and departmental guidelines.
During the proceedings of the bill's legislation, the government has adopted
many proposals from the legislators and all circles of the society and made
relevant amendments to the bill before submitting to the Legislative
Council.
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