Page:Interception of Communications and Surveillance Ordinance (Cap. 589).pdf/34

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE :(a) no prescribed authorization may contain terms that authorize the interception of communications by reference to—
 * (i) in the case of a postal interception, an office or other relevant premises, or a residence, of a lawyer; or
 * (ii) in the case of a telecommunications interception, any telecommunications service used at an office or other relevant premises, or a residence, of a lawyer, or any telecommunications service known or reasonably expected to be known by the applicant to be ordinarily used by a lawyer for the purpose of providing legal advice to clients; and
 * (b) no prescribed authorization may contain terms that authorize any covert surveillance to be carried out in respect of oral or written communications taking place at an office or other relevant premises, or a residence, of a lawyer.

(2) For the purposes of subsection (1), exceptional circumstances exist if the relevant authority is satisfied that there are reasonable grounds to believe—
 * (a) that—
 * (i) the lawyer concerned;
 * (ii) in the case of an office or other relevant premises of the lawyer, any other lawyer practising with him or any other person working in the office; or
 * (iii) in the case of a residence of the lawyer, any other person residing in the residence,
 * is a party to any activity which constitutes or would constitute a serious crime or a threat to public security; or
 * (b) that any of the communications concerned is for the furtherance of a criminal purpose.

(3) For the avoidance of doubt, a prescribed authorization does not authorize any device to be implanted in, or administered to, a person without the consent of the person.

(4) In this section—

“lawyer” (律師) means a barrister, solicitor or foreign lawyer as defined in section 2(1) of the Legal Practitioners Ordinance (Cap. 159) who practises as such, or any person holding an appointment under section 3(1) of the Legal Aid Ordinance (Cap. 91);

“other relevant premises” (其他有關處所), in relation to a lawyer, means any premises, other than an office of the lawyer, that are known or reasonably expected to be known by the applicant to be ordinarily used by the lawyer and by other lawyers for the purpose of providing legal advice to clients (including any premises ordinarily used by lawyers for the purpose of providing legal advice to clients when in court or visiting a prison, police station or other place where any person is detained).