Regulating the interception of Communications
The Commission's 1996 report recommended that interception of communications should be prohibited unless carried out pursuant to a warrant granted by the court. The Commission considered that the existing law did not provide sufficient protection against unlawful or arbitrary interference with the individual's right to privacy and that a statutory framework was necessary.
The report recommended that it be an offence intentionally to intercept or interfere with a telecommunication, a sealed postal packet or a transmission by radio. Only the Administration and its law enforcement agencies should be able to apply for a warrant authorising the interception of communications. In order to keep the warrant system under review, the Commission recommended that a judge of the Court of Appeal should be appointed to be the supervisory authority. To increase public accountability, the supervisory authority should be required to furnish an annual public report to the Legislative Council and a confidential report to the Chief Executive.
|Report (PDF) (MS Word)|