Panel on Security

Special meeting on
Thursday, 2 March 2006 at 2:30 pm
in Conference Room A of the Legislative Council Building

A G E N D A

* I.Interception of communications and covert surveillance
(2:30 pm - 4:25 pm)

LC Paper No. CB(2)1258/05-06(01)
(issued on 27.2.2006)

-Letter dated 25 February 2006 from the Administration regarding the number of cases of interception of communications and covert surveillance in the last three months of 2005

LC Paper No. CB(2)1189/05-06(01)
(issued on 20.2.2006)

-Paper provided by the Judiciary Administration on the Judiciary's views on the resource implications for the Judiciary arising from the Administration's proposed legislative framework regulating the conduct of interception of communications and covert surveillance by law enforcement agencies

LC Paper No. CB(2)1184/05-06(01)
(issued on 20.2.2006)

-Paper entitled "Response to issues raised by Members at the meeting of 16 February 2006" provided by the Administration

LC Paper No. CB(2)1260/05-06(01)
(issued separately on 28.2.2006)

-Links to overseas legislation referred to in paragraph 21 of the Administration's response to issues raised by Members at the meeting of 16 February 2006

LC Paper No. CB(2)1162/05-06(01)
(issued on 16.2.2006)

-Paper entitled "Response to issues raised by Members at the meeting of 7 February 2006" provided by the Administration

LC Paper No. CB(2)1162/05-06(02)
(issued on 16.2.2006)

-Table entitled "Statutory Requirements for Approval of Covert Surveillance - Comparison of the Administration's Proposals and the Australian Regime" provided by the Administration

LC Paper No. CB(2)997/05-06(01)
(issued on 1.2.2006)

-Paper entitled "Proposed Legislative Framework on Interception of Communications and Covert Surveillance" provided by the Administration

(A list of other relevant papers previously issued is in the Appendix)

II.Any other business
(4:25 pm - 4:30 pm)

* All other Hon Members of LegCo are invited to attend

Council Business Division 2
Legislative Council Secretariat
28 February 2006

Appendix

Other relevant papers previously issued on
covert surveillance and interception of communications

Proposed Legislative Framework on Interception of Communications and Covert Surveillance

Paper prepared by the Legislative Council Secretariat

LC Paper No. CB(2)971/05-06(01)
(issued on 26.1.2006)

-Background brief entitled "Regulation of surveillance and the interception of communications" prepared by the Legislative Council Secretariat

Submission

LC Paper No. CB(2)1071/05-06(01)
(English version issued on 8.2.2006, Chinese version issued vide LC Paper No. CB(2)1152/05-06 on 15.2.2006)

-Submission from the Law Society of Hong Kong

Law Enforcement (Covert Surveillance Procedures) Order

Judgment

LC Paper No. CB(2)1420/04-05
(issued on 29.4.2005)

-Judgment delivered by the District Court on 22 April 2005

LC Paper No. CB(2)2280/04-05(01)
(issued on 14.7.2005)

-Judgment delivered by the District Court on 5 July 2005

LC Paper No. CB(2)1097/05-06(01)
(issued on 10.2.2006)

-Judgment on the judicial review in respect of the Law Enforcement (Covert Surveillance Procedures) Order delivered by the High Court on 9 February 2006

Papers provided by the Administration

LC Paper No. CB(2) 2315/04-05(01)
(issued vide LC Paper No. CB(2)2315/04-05 on 18.7.2005)

-Administration's paper entitled "Surveillance by Law Enforcement Agencies"

LC Paper No. CB(2)2419/04-05(01)
(issued on 5.8.2005)

-Administration's paper on the Law Enforcement (Covert Surveillance Procedures) Order

LC Paper No. CB(2)2436/04-05(01)
(issued on 13.8.2005)

-Administration's supplementary paper on the Law Enforcement (Covert Surveillance Procedures) Order

LC Paper No. CB(2)2632/04-05(01)
(issued on 28.9.2005)

-Administration's response to issues raised at the special meeting of 15 August 2005 and issues subsequently raised by Hon LAU Kong-wah and Hon Audrey EU

LC Paper No. CB(2)2639/04-05(01)
(issued on 28.9.2005)

-Administration's paper enclosing its internal guidelines on covert surveillance under the Law Enforcement (Covert Surveillance Procedures) Order and a comparison of the protection provided under the internal guidelines, section 33 of the Telecommunications Ordinance and the Interception of Communications Ordinance

LC Paper No. CB(2)983/05-06(01)
(issued on 26.1.2006)

-Administration's paper on existing legislation which provided that the commissioner or director concerned could direct and control the respective disciplined services, subject to the orders and control of the Chief Executive

Papers prepared by the Legislative Council Secretariat

LC Paper No. CB(2)2431/04-05(02)
(issued on 12.8.2005)

-Background brief entitled "Public Service (Administration) Order 1997" prepared by the Legislative Council Secretariat

LC Paper No. LS103/04-05
(issued vide LC Paper No. CB(2)2431/04-05 on 12.8.2005)

-Paper entitled "Comparison of provisions governing authorization to carry out interception of communications or covert surveillance in the Telecommunications Ordinance (Cap. 106), Interception of Communications Ordinance (Cap. 532) and Law Enforcement (Covert Surveillance Procedures) Order" prepared by the Legal Service Division

LC Paper No. CB(2)971/05-06(02)
(issued on 26.1.2006)

-Summary of concerns and queries raised by Members at the special meetings on 15 August and 4 October 2005 prepared by the Legislative Council Secretariat

LC Paper No. LS35/05-06
(English version issued vide LC Paper No. CB(2)1155/05-06 on 15.2.2006, Chinese version issued vide LC Paper No. CB(2)1237/05-06 on 24.2.2006)

-Paper entitled "Leung Kwok Hung and Koo Sze Yiu v Chief Executive of the Hong Kong Special Administrative Region (HCAL 107/2005)" prepared by the Legal Service Division

Others

LC Paper No. CB(2)2431/04-05(03)
(issued on 12.8.2005)

-Section 13 of the Post Office Ordinance

LC Paper No. CB(2)2431/04-05(04)
(issued on 12.8.2005)

-Section 33 of the Telecommunications Ordinance

LC Paper No. CB(2)2431/04-05(05)
(issued on 12.8.2005)

-Article 14 of the Hong Kong Bill of Rights

LC Paper No. CB(2)2632/04-05(02)
(Chinese version only)
(issued on 28.9.2005)

-Information sought by Hon LAU Kong-wah in connection with the Law Enforcement (Covert Surveillance Procedures) Order

LC Paper No. CB(2)2632/04-05(03)
(issued on 28.9.2005)

-Information sought by Hon Audrey EU in connection with the Law Enforcement (Covert Surveillance Procedures) Order

Submissions

LC Paper No. CB(2)2446/04-05(01)
(issued on 16.8.2005)

-Statement of the Hong Kong Bar Association on the Law Enforcement (Covert Surveillance Procedures) Order

LC Paper No. CB(2)259/05-06(01)
(English version issued on 1.11.2005, Chinese version issued vide LC Paper No. CB(2)1147/05-06 on 15.2.2006)

-Submission from Hong Kong Human Rights Monitor on surveillance, Article 30 of the Basic Law and the right to privacy in Hong Kong

Interception of Communications

Papers provided by the Administration

LC Paper No. CB(2)1873/03-04(04)
(English version issued vide LC Paper No. CB(2)1899/03-04 on 30.3.2004, Chinese version issued vide LC Paper No. CB(2)1905/03-04 on 30.3.2004)

-Paper entitled "Review on Interception of Communications" provided by the Administration

LC Paper No. CB(2)1987/03-04(01)
(English version only)
(issued on 13.4.2004)

-Copy of the case of R v Secretary of State for the Home Department, ex parte Fire Brigades Union and others provided by the Administration

LC Paper No. CB(2)2749/03-04(01)
(Chinese version only)
(issued on 11.6.2004)

-Speaking note provided by the Administration on the progress of review on interception of communications

Paper prepared by the Legislative Council Secretariat

LC Paper No. RP02/04-05
(issued vide LC Paper No. CB(2)836/04-05 on 7.2.2005)

-Research report entitled "Regulation of Interception of Communications in Selected Jurisdictions"

Council Business Division 2
Legislative Council Secretariat
28 February 2006