COVERT SURVEILLANCE IN AN AGE OF PRIVACY

This project examined covert surveillance regulatory systems in overseas jurisdictions from theoretical and practical perspectives with a view to assessing the existing regulatory model adopted in HK in 2006 following the enactment of the Interception and Covert Surveillance Ordinance (Cap. 589). The aim was to review and propose amendments to the regulatory system adopted in HK within which interception and covert surveillance may be authorised without derogating disproportionately from respect for and compliance with constitutionally protected rights, including rights to privacy. Current efforts involve compiling an electronic database of materials (primary legislation, secondary legislation (especially regulations), codes of conduct, practice notes, case law, secondary sources etc.) on the regulation of interception and covert surveillance in a range of jurisdictions, including the UK, US, Canada, Australia, New Zealand, Singapore, and the European Union.  Once this phase of the project was completed, the investigators surveyed the relevant legislation/codes of practice in the above jurisdictions and prepared and submitted a position/policy paper to the Government of HK, which is currently undertaking a comprehensive review of the ordinance.

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