Page:Interception of Communications and Surveillance Ordinance (Cap. 589).pdf/13

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE :(b) is carried out with the use of an optical surveillance device or a tracking device, if the use of the device does not involve—
 * (i) entry onto any premises without permission; or
 * (ii) interference with the interior of any conveyance or object, or electronic interference with the device, without permission.

(2) For the purposes of this Ordinance, a person is not regarded as being entitled to a reasonable expectation of privacy within the meaning of paragraph (a)(i) of the definition of “covert surveillance” in subsection (1) in relation to any activity carried out by him in a public place, but nothing in this subsection affects any such entitlement of the person in relation to words spoken, written or read by him in a public place.

(3) For the purposes of this Ordinance, any covert surveillance which is Type 2 surveillance under the definition of “Type 2 surveillance” in subsection (1) is regarded as Type 1 surveillance if it is likely that any information which may be subject to legal professional privilege will be obtained by carrying it out.

(4) An officer of a department may apply for the issue or renewal of a prescribed authorization for any Type 2 surveillance as if the Type 2 surveillance were Type 1 surveillance, and the provisions of this Ordinance relating to the application and the prescribed authorization apply to the Type 2 surveillance as if it were Type 1 surveillance.

(5) For the purposes of this Ordinance—
 * (a) a communication transmitted by a postal service is regarded as being in the course of the transmission if it is regarded as being in course of transmission by post under section 2(2) of the Post Office Ordinance (Cap. 98); and
 * (b) a communication transmitted by a telecommunications system is not regarded as being in the course of the transmission if it has been received by the intended recipient of the communication or by an information system or facility under his control or to which he may have access, whether or not he has actually read or listened to the contents of the communication.

(6) For the purposes of this Ordinance, the contents of any communication transmitted by a telecommunications system include any data produced in association with the communication.

(7) For the purposes of this Ordinance, advocacy, protest or dissent (whether in furtherance of a political or social objective or otherwise), unless likely to be carried on by violent means, is not of itself regarded as a threat to public security.