Page:Interception of Communications and Surveillance Ordinance (Cap. 589).pdf/12

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE :(a) in relation to the issue or renewal, or the continuance, of a prescribed authorization for interception, by a maximum penalty that is or includes a term of imprisonment of not less than 7 years; or
 * (b) in relation to the issue or renewal, or the continuance, of a prescribed authorization for covert surveillance, by a maximum penalty that is or includes—
 * (i) a term of imprisonment of not less than 3 years; or
 * (ii) a fine of not less than $1,000,000;

“surveillance device” (監察器材) means—
 * (a) a data surveillance device, a listening device, an optical surveillance device or a tracking device;
 * (b) a device that is a combination of any 2 or more of the devices referred to in paragraph (a); or
 * (c) a device of a class prescribed by regulation made under section 66 for the purposes of this definition;

“surveillance product” (監察成果) means any material obtained pursuant to a prescribed authorization for covert surveillance, and includes a copy of the material;

“telecommunications interception” (電訊截取) means interception of any communication transmitted by a telecommunications system;

“telecommunications service” (電訊服務) has the meaning assigned to it by section 2(1) of the Telecommunications Ordinance (Cap. 106);

“telecommunications system” (電訊系統) has the meaning assigned to it by section 2(1) of the Telecommunications Ordinance (Cap. 106);

“tracking device” (追蹤器材) means any electronic device used to determine or monitor the location of any person or any object or the status of any object;

“Type 1 surveillance” (第1類監察) means any covert surveillance other than Type 2 surveillance;

“Type 2 surveillance” (第2類監察), subject to subsections (3) and (4), means any covert surveillance that—
 * (a) is carried out with the use of a listening device or an optical surveillance device by any person for the purpose of listening to, monitoring or recording words spoken or activity carried out by any other person, if the person using the device—
 * (i) is a person by whom the other person intends, or should reasonably expect, the words or activity to be heard or seen; or
 * (ii) listens to, monitors or records the words or activity with the consent, express or implied, of a person described in subparagraph (i); or