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
(3) For the purposes of this Schedule, any covert surveillance which is Type 2 surveillance is regarded as Type 1 surveillance if it is likely that any information which may be subject to legal professional privilege will be obtained by conducting it.
(4) An officer of the Police Force may apply for the issue or renewal of a prescribed authorization for Type 2 surveillance as if the Type 2 surveillance were Type 1 surveillance, and the provisions of this Schedule relating to the application and the prescribed authorization apply to the Type 2 surveillance as if it were Type 1 surveillance.
(5) For the purposes of this Schedule—
- (a) a communication transmitted by a postal service is regarded as being in the course of the transmission if it is regarded as being in course of transmission by post under section 2(2) of the Post Office Ordinance (Cap. 98); and
- (b) a communication transmitted by a telecommunications system is not regarded as being in the course of the transmission if it has been received by the intended recipient of the communication or by an information system or facility under the intended recipient’s control or to which the intended recipient may have access, whether or not the intended recipient has actually read or listened to the contents of the communication.
(6) For the purposes of this Schedule, the contents of any communication transmitted by a telecommunications system include data produced in association with the communication.
