National Security Bill wiretapping provision differs from existing provisions
Government officials assured a parliamentary committee yesterday that wiretapping provisions in the National Security Amendment Bill are different from existing ones.
The First Standing Committee of the parliament continued studying the Bill with officials sitting in and answering lawmakers’ questions.
After the meeting, Ella Lei, president of the committee, told a press conference about the matter. Last year, the Communication Interception and Protection Legal System was passed at the parliament. It has provisions that deal with wiretapping.
Despite this, proposals on wiretapping were also included in the Bill. This prompted questions from lawmakers at the meeting about the necessity of putting the same provisions in two different laws or bills.
In response, Secretary for Security Wong Sio Chak emphasized that the provision and the proposal are different in both nature and aim. Lei cited him as explaining that the wiretapping-related proposals in the Bill are of a preventive nature. In contrast, relevant provisions in the law passed last year are of a judicial nature and are part of the procedure of obtaining evidence.
The committee was assured that both will be subject to approval by competent judges. A rigid supervision system will also be adopted. When illegal interception and violation of regulations are discovered, punishments will be imposed.
Lei cited the official as saying that the purpose of this bill is to obtain security intelligence. Generally, evidence obtained by wiretapping will not be eligible for use in criminal procedures. Wiretapped information will be transferred to the judiciary for handling if connections with a national security breach is discovered. In contrast, information obtained from wiretapping that has no connection with a national security breach but can prove other violations will be handled in accordance with the law passed last year.
There are also procedural differences. Wiretapping related to national security will see procedures triggered by criminal police offices under the preliminary approval of the Secretary for Security. These documents and approval will then be subject to further approval by competent judges. The Public Prosecutions Office will also be copied on the requests for approval.
