Hong Kong Interception of Communications and Surveillance Ordinance: A Critical Assessment

Kam C. Wong, Xavier University

Abstract

ABSTRACT On August 6, 2006, the Hong Kong Legislative Council passed the Interception of Communications Surveillance Ordinance (ICO) in Hong Kong. The ICO is a first successful legislative attempt by the Hong Kong government to regulate the interception of citizens’ private communications. A review of the literature finds no comprehensive, systematic and critical assessment of the IOC since its passage. This is a first attempt to do so. As a critique, this article makes seven observations. First, viewed in a historical context, the ICO is a politically mature legislation. Second, viewed in a legal context, the ICO is a constitutionally mandated legislation. Third, viewed in a legislative context, the ICO is a controversial legislative process. Fourth, viewed in a socio-cultural context, the ICO is a philosophically and culturally ill informed legislation. Fifth, viewed in jurisprudential terms, ICO should be assessed with Chinese jurisprudential principles. Sixth, as an assessment, ICO is a flawed legislation. The article concludes with a discussion of the comparability and compatibility between Chinese QLF and Western rule of law regimes, observing that there are many practical similarities between the two, amidst major theoretical differences.