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(i) balancing the relevant factors against the intrusiveness of the interception or covert surveillance on any person who is to be the subject of or may be affected by the interception or covert surveillance;

(ii) considering whether the purpose sought to be furthered by carrying out the interception or covert surveillance can reasonably be furthered by other less intrusive means; and

(iii) considering such other matters that are relevant in the circumstances.

(2) In this section, “relevant factors” (有關因素) means—

(a) the immediacy and gravity of—

(i) where the purpose sought to be furthered by carrying out the interception or covert surveillance concerned is that specified in subsection (1)(a)(i), the particular serious crime to be prevented or detected; or

(ii) where the purpose sought to be furthered by carrying out the interception or covert surveillance concerned is that specified in subsection (1)(a)(ii), the particular threat to public security; and

(b) the likely value and relevance, in relation to the purpose sought to be furthered by carrying out the interception or covert surveillance, of the information likely to be obtained by carrying it out.

PART 2
Prohibition on Interception and Covert Surveillance

4. Prohibition on interception

(1) Subject to subsection (2), no public officer shall, directly or indirectly (whether through any other person or otherwise), carry out any interception.

(2) Subsection (1) does not apply to—

(a) any interception carried out pursuant to a prescribed authorization;

(b) any interception of telecommunications transmitted by radiocommunications (other than the radiocommunications part of a telecommunications network for the provision of a public telecommunications service by any carrier licensee under the Telecommunications Ordinance (Cap. 106)); and