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Presentation
Hong Kong Interception of Communications and Surveillance Ordinance: A Critical Assessment
“Hong Kong’s Basic Law: The First Ten Years and its Future” Conference (2007)
  • Kam C. Wong
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.

Keywords
  • Hong Kong legislative process,
  • Hong Kong law,
  • Chinese jurisprudence,
  • Hong Kong Interception of Communications and Surveillance Ordinance
Disciplines
Publication Date
June 25, 2007
Citation Information
Kam C. Wong. "Hong Kong Interception of Communications and Surveillance Ordinance: A Critical Assessment" “Hong Kong’s Basic Law: The First Ten Years and its Future” Conference (2007)
Available at: http://works.bepress.com/kam_wong1/66/