Page:Interception of Communications and Surveillance Ordinance (Cap. 589).pdf/10

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE “inspect” (查察) includes listen to, monitor and record;

“install” (裝設) includes attach;

“intercepting act” (截取作為), in relation to any communication, means the inspection of some or all of the contents of the communication, in the course of its transmission by a postal service or by a telecommunications system, by a person other than its sender or intended recipient;

“interception” (截取)—
 * (a) in relation to any communication, means the carrying out of any intercepting act in respect of that communication; or
 * (b) when appearing in a context with no specific reference to any communication, means the carrying out of any intercepting act in respect of any communication;

“interception product” (截取成果) means any contents of a communication that have been obtained pursuant to a prescribed authorization for interception, and includes a copy of such contents;

“journalistic material” (新聞材料) has the meaning assigned to it by section 82 of the Interpretation and General Clauses Ordinance (Cap. 1);

“judge’s authorization” (法官授權) means a judge’s authorization issued or renewed under Division 2 of Part 3 (and, where the context requires, includes a judge’s authorization to be issued or renewed under that Division);

“listening device” (監聽器材)—
 * (a) means any device used to overhear, listen to, monitor or record any conversation or words spoken to or by any person in conversation; but
 * (b) does not include a hearing aid or similar device used by a person with impaired hearing to overcome the impairment;

“maintain” (維修), in relation to a device, includes—
 * (a) adjust, reposition, repair or service the device; and
 * (b) replace the device when it is faulty;

“optical surveillance device” (視光監察器材)—
 * (a) means any device used to record visually or observe any activity; but
 * (b) does not include spectacles, contact lenses or a similar device used by a person with impaired sight to overcome the impairment;

“oral application” (口頭申請) means an oral application made under section 25(1);

“panel judge” (小組法官) means a judge appointed under section 6(1) to be a panel judge;

“postal article” (郵遞品) has the meaning assigned to it by section 2(1) of the Post Office Ordinance (Cap. 98);