Page:Interception of Communications and Surveillance Ordinance (Cap. 589).pdf/8

“communication transmitted by a postal service” (藉郵政服務傳送的通訊) includes a postal article;

“conduct” (行為) includes any act or omission, and any series of acts or omissions or of acts and omissions;

“conveyance” (運輸工具) means any vehicle, vessel, aircraft, hovercraft or other conveyance;

“copy” (文本)—

(a) in relation to any contents of a communication that have been obtained pursuant to a prescribed authorization for interception, means any of the following (whether or not in documentary form)—

(i) any copy, extract or summary of such contents;

(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), without prejudice to sections 6(4) and 55—

(a) means a court as defined in 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 any surveillance carried out with the use of any surveillance device for the purposes of a specific investigation or operation, if the surveillance—

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

(ii) is carried out 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 any private information about the person; but

(b) does not include—

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

(ii) any such surveillance that constitutes interception under this Ordinance;