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Covert Surveillance “Necessary” By Michael Ng 8/9/05 |
Hong Kong's top security official has warned that only corrupt individuals would benefit from moves to hinder the government from practicing
covert surveillance.
Currently, law-enforcement agencies are not required to obtain a warrant to
wiretap individuals in an investigation. But this is in violation of the Basic Law, two judges ruled in recent
Independent Commission Against Corruption cases.
In one case, a District Court Judge ordered a stay of proceedings against the defendants because the ICAC breached legal professional privilege by
wiretapping a conversation between lawyers and a defendant.
Secretary for Security Ambrose Lee said Monday the executive order on
covert surveillance, delivered by Chief Executive Donald Tsang last Friday, was in line with the constitution and did not impinge upon individuals' human rights.
Because local courts have always accepted evidence gathered through
covert surveillance, Lee said ceasing the practice would seriously affect the ability of law-enforcement agencies to carry out their duties. "The practice has successfully brought criminals or corrupt officials to justice in the past," Lee said.
Although some legal experts have expressed worries that the executive order will provide a shortcut for law-enforcement agencies to conduct
covert surveillance on individuals without legal liability, Lee said the interim measure offered clearer legal backing for law-enforcement officers. Source: thestandard.com.hk
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