Secretary for Constitutional & Mainland Affairs Raymond Tam said the Government must strike a balance between protecting individual privacy rights and press freedom.
In response to a lawmaker’s question today, Mr Tam said Article 30 of the Basic Law protects Hong Kong residents’ freedom and privacy of communication.
No department or individual may infringe upon these, except when authorities inspect communication according to legal procedures for public security purposes or to investigate criminal offences, he said.
The Interception of Communications & Surveillance Ordinance regulates law enforcement agencies’ lawful communications interception and covert surveillance operations, which require prior authorisation from a panel judge or a designated authorising officer.
On regulating non-public officers, he noted Sections 24 and 27 of the Telecommunications Ordinance prohibit message interception, while computer hacking is covered by Section 161 of the Crimes Ordinance.
The Government will also consider the need for further privacy protection on the basis of existing laws, while considering press freedom concerns.