Implementation Rules for Article 43 of the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region
Schedule 6—Part 6
L.N. 139 of 2020
Section 27
B2597
Type 2 surveillance (第2類監察), subject to subsections (3) and (4), means covert surveillance that—
- (a) is conducted with the use of a listening device or an optical surveillance device by any person for the purpose of listening to, monitoring or recording words spoken or activity carried out by another person, if the person using the device—
- (i) is a person by whom the other person intends, or should reasonably expect, the words or activity to be heard or seen; or
- (ii) listens to, monitors or records the words or activity with the consent, express or implied, of a person described in subparagraph (i); or
- (b) is conducted with the use of an optical surveillance device or a tracking device, if the use of the device does not involve—
- (i) entry into or onto any premises without permission; or
- (ii) interference with the interior of any conveyance or object, or electronic interference with the device, without permission.
(2) For the purposes of this Schedule, a person is not regarded as being entitled to a reasonable expectation of privacy within the meaning of paragraph (a)(i) of the definition of covert surveillance in subsection (1) in relation to any activity carried out by the person in a public place, but nothing in this subsection affects any such entitlement of the person in relation to words spoken, written or read by the person in a public place.
