Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/96

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

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(ii) any record referring to the interception which is a record showing, directly or indirectly, the identity of any person who is the sender or intended recipient of the communication; or

(b) in relation to any material that has been obtained pursuant to a prescribed authorization for covert surveillance, means any of the following (whether or not in documentary form)—

(i) any copy, extract or summary of the material;

(ii) any transcript or record made of the material;

court (法院)—

(a) means a court as defined by section 3 of the Interpretation and General Clauses Ordinance (Cap. 1); and

(b) includes a magistrate and a tribunal;

covert surveillance (秘密監察)—

(a) means surveillance conducted with the use of surveillance device for the purposes of a specific investigation or operation, if the surveillance—

(i) is conducted in circumstances where any person who is the subject of the surveillance is entitled to a reasonable expectation of privacy;

(ii) is conducted in a manner calculated to ensure that the person is unaware that the surveillance is or may be taking place; and

(iii) is likely to result in the obtaining of private information about the person; but

(b) does not include—

(i) any spontaneous reaction to unforeseen events or circumstances; or