Page:Interception of Communications and Surveillance Ordinance (Cap. 589).pdf/8

INTERCEPTION OF COMMUNICATIONS AND SURVEILLANCE ORDINANCE “communication transmitted by a postal service” (藉郵政服務傳送的通訊) includes a postal article;

“conduct” (行為) includes any act or omission, and any series of acts or omissions or of acts and omissions;

“conveyance” (運輸工具) means any vehicle, vessel, aircraft, hovercraft or other conveyance;

“copy” (文本)—
 * (a) in relation to any contents of a communication that have been obtained pursuant to a prescribed authorization for interception, means any of the following (whether or not in documentary form)—
 * (i) any copy, extract or summary of such contents;
 * (ii) any record referring to the interception which is a record showing, directly or indirectly, the identity of any person who is the sender or intended recipient of the communication; or
 * (b) in relation to any material that has been obtained pursuant to a prescribed authorization for covert surveillance, means any of the following (whether or not in documentary form)—
 * (i) any copy, extract or summary of the material;
 * (ii) any transcript or record made of the material;

“court” (法院), without prejudice to sections 6(4) and 55—
 * (a) means a court as defined in section 3 of the Interpretation and General Clauses Ordinance (Cap. 1); and
 * (b) includes a magistrate and a tribunal;

“covert surveillance” (秘密監察)—
 * (a) means any surveillance carried out with the use of any surveillance device for the purposes of a specific investigation or operation, if the surveillance—
 * (i) is carried out in circumstances where any person who is the subject of the surveillance is entitled to a reasonable expectation of privacy;
 * (ii) is carried out in a manner calculated to ensure that the person is unaware that the surveillance is or may be taking place; and
 * (iii) is likely to result in the obtaining of any private information about the person; but
 * (b) does not include—
 * (i) any spontaneous reaction to unforeseen events or circumstances; and
 * (ii) any such surveillance that constitutes interception under this Ordinance;