Procedure for applying to the Commissioner for an examination under Section 43 of the Ordinance

The request was successful.

Dear Secretariat, Commissioner on Interception of Communications and Surveillance,

According to Section 43 of the Ordinance:

---
(1) A person may apply to the Commissioner for an
examination under this Division, if he suspects

(a) that any communication transmitted to or by him has
been intercepted by an officer of a department; or
(b) that he is the subject of any covert surveillance th
at has been carried out by an officer of a department.
(2) The application is to be made in writing.

---

Could you please provide specific information on what should be included in such an application and the address to where it should be sent?

Is there a special form available for this process?

I also understand that the Commissioner oversees the compliance by law enforcement agencies with the Ordinance.

In that case, who, other than the Hong Kong Police, would be included in the category of "law enforcement agencies".

Would any of these "agencies" ever be authorized to engage in what might only be termed harassment activities?

Since the Ordinance does not mention if the person whose communication has been intercepted or surveilled will eventually be notified, I wonder if you would mind shedding light on that issue.

If my application for an examination under Section 43 was successful, could I expect to be notified?

If the Commissioner considers the interception or covert surveillance has been carried out without authorisation, would I be notified who was responsible for the act in question?

Thank you.

Yours faithfully,

Jonathan Chan

截取通訊及監察事務專員秘書處

1 Attachment

Dear Mr Chan,

        I refer to your e-mail dated 6 December 2016.  

2.        Under section 43 of the Interception of Communications and
Surveillance Ordinance, Cap 589 (the Ordinance), a person may apply in
writing to the Commissioner on Interception of Communications and
Surveillance (the Commissioner) for an examination if he suspects that he
is the subject of any interception or covert surveillance activity carried
out by officers of the law enforcement agencies (LEAs).  The LEAs under
the Ordinance are set out in Schedule 1 of the Ordinance, namely, Customs
and Excise Department, Hong Kong Police Force, and Independent Commission
Against Corruption regarding interception, and the same departments plus
Immigration Department regarding covert surveillance.  Please refer to the
attached ‘A Guide on Application for Examination’ for details.

3.                If you suspect that you are the subject of any
interception or covert surveillance activity that has been carried out by
officers of one or more of the LEAs under the Ordinance, you may apply to
the Commissioner for an examination.  In so doing, you should send your
application in writing together with the duly completed Consent Form
(which can be downloaded at our departmental homepage:
[1]http://www.info.gov.hk/info/sciocs/en/ap...) on the use of personal
data to the Commissioner’s office at Units 1501 - 1504, 15/F, Sunlight
Tower, 248 Queen’s Road East, Wanchai, Hong Kong.

Yours sincerely,
Michelle Ho
for Secretary, Secretariat, Commissioner on Interception of Communications
and Surveillance

From:        Jonathan Chan <[索取資料要求 #134 電郵]>
To:        "FOI requests at Secretariat, Commissioner on Interception of
Communications and Surveillance" <[截取通訊及監察事務專員秘書處 供索取資料的電郵]>,
Date:        06/12/2016 08:34 PM
Subject:        Freedom of Information request - Procedure for applying to
the Commissioner for an  examination under Section 43 of the Ordinance

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Dear Secretariat, Commissioner on Interception of Communications and
Surveillance,

According to Section 43 of the Ordinance:

---
(1)   A person may apply to the Commissioner for an
examination under this Division, if he suspects

(a)   that any communication transmitted to or by him has
been intercepted by an officer of a department; or
(b)   that he is the subject of any covert surveillance th
at has been carried out by an officer of a department.
(2)   The application is to be made in writing.

---

Could you please provide specific information on what should be included
in such an application and the address to where it should be sent?

Is there a special form available for this process?

I also understand that the Commissioner oversees the compliance by law
enforcement agencies with the Ordinance.

In that case, who, other than the Hong Kong Police, would be included in
the category of "law enforcement agencies".

Would any of these "agencies" ever be authorized to engage in what might
only be termed harassment activities?

Since the Ordinance does not mention if the person whose communication has
been intercepted or surveilled will eventually be notified, I wonder if
you would mind shedding light on that issue.

If my application for an examination under Section 43 was successful,
could I expect to be notified?

If the Commissioner considers the interception or covert surveillance has
been carried out without  authorisation, would I be notified who was
responsible for the act in question?

Thank you.

Yours faithfully,

Jonathan Chan

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