### Safety of United Nations and Associated Personnel Ordinance 《聯合國人員和有關人員安全條例》

3. Institution of proceedings
Proceedings for an offence which apart from this Part would not be an offence in Hong Kong shall only be instituted by, or with the consent of, the Secretary for Justice.

4. Offences against United Nations personnel and associated personnel
(1) A specified person shall not, outside Hong Kong, do any act—
(a) to or in relation to a member of the United Nations personnel or a member of the associated personnel which, if done in Hong Kong, would constitute the offence of murder, manslaughter, kidnapping, false imprisonment, assault occasioning actual bodily harm or common assault;
(b) to or in relation to a member of the United Nations personnel or a member of the associated personnel which, if done in Hong Kong, would constitute an offence under—
(i) section 53, 60 or 118 of the Crimes Ordinance (Cap. 200); or
(ii) section 17, 19, 20, 21, 22, 23, 28, 29, 30 or 42 of the Offences against the Person Ordinance (Cap. 212); or
(c) to or in relation to any premises or means of transportation ordinarily used by a member of the United Nations personnel or a member of the associated personnel which, if done in Hong Kong, would constitute an offence under section 53 or 60 of the Crimes Ordinance (Cap. 200).
(2) A specified person who contravenes subsection (1) commits the offence that he would have committed had the act been done in Hong Kong.

5. Threats
(1) A person shall not, in order to compel another person to do or refrain from doing any act, make to the other person a threat that an act will be done which, if done, would constitute a relevant offence—
(a) with the intention that the other person will fear that the threat will be carried out; and
(b) knowing or having reason to believe—
(i) that, in relation to a threat that an act will be done to or in relation to any person (relevant person

6. Attempts, aiding, abetting, etc.
(1) If a specified person does any act, outside Hong Kong, which, if done in Hong Kong, would constitute an attempt to commit a relevant offence under section 159G of the Crimes Ordinance (Cap. 200), the act shall be deemed to have been done in Hong Kong.
(2) A specified person who aids, abets, counsels or procures, outside Hong Kong—
(a) the commission by another person of a relevant offence; or
(b) an attempt by another person to commit a relevant offence,
shall be guilty of the like offence.

### Safety of United Nations and Associated Personnel Ordinance 《聯合國人員和有關人員安全條例》

7. Knowledge of other persons being members of United Nations personnel or members of associated personnel
For the purposes of sections 4(1), 5(1) and (2) and 6(1) and (2), except as otherwise expressly provided by section 5(1) and (2), it is immaterial whether a person knows that another person is a member of the United Nations personnel or a member of the associated personnel.

### Interception of Communications and Surveillance Ordinance 《截取通訊及監察條例》

1. Short title
This Ordinance may be cited as the Interception of Communications and Surveillance Ordinance.

### Interception of Communications and Surveillance Ordinance 《截取通訊及監察條例》

3. Conditions for issue, renewal or continuance of prescribed authorization
(1) In this Ordinance, the conditions for the issue or renewal of a prescribed authorization, or the continuance of a prescribed authorization or a part of a prescribed authorization, are that, in the circumstances of the particular case— (Amended 21 of 2016 s. 4)
(a) the purpose sought to be furthered by carrying out the interception or covert surveillance concerned is that of—
(i) preventing or detecting serious crime; or
(ii) protecting public security;
(b) there is reasonable suspicion that any person has been, is, or is likely to be, involved in—
(i) where the purpose sought to be furthered by carrying out the interception or covert surveillance is that specified in paragraph (a)(i), the particular serious crime to be prevented or detected; or
(ii) where the purpose sought to be furthered by carrying out the interception or covert surveillance is that specified in paragraph (a)(ii), any activity which constitutes or would constitute the particular threat to public security; and
(c) the interception or covert surveillance is necessary for, and proportionate to, the purpose sought to be furthered by carrying it out, upon—
(i) balancing the relevant factors against the intrusiveness of the interception or covert surveillance on any person who is to be the subject of or may be affected by the interception or covert surveillance;
(ii) considering whether the purpose sought to be furthered by carrying out the interception or covert surveillance can reasonably be furthered by other less intrusive means; and
(iii) considering such other matters that are relevant in the circumstances.
(2) In this section, relevant factors (有關因素) means—
(a) the immediacy and gravity of—
(i) where the purpose sought to be furthered by carrying out the interception or covert surveillance concerned is that specified in subsection (1)(a)(i), the particular serious crime to be prevented or detected; or
(ii) where the purpose sought to be furthered by carrying out the interception or covert surveillance concerned is that specified in subsection (1)(a)(ii), the particular threat to public security; and
(b) the likely value and relevance, in relation to the purpose sought to be furthered by carrying out the interception or covert surveillance, of the information likely to be obtained by carrying it out.

### Interception of Communications and Surveillance Ordinance 《截取通訊及監察條例》

4. Prohibition on interception
(1) Subject to subsection (2), no public officer shall, directly or indirectly (whether through any other person or otherwise), carry out any interception.
(2) Subsection (1) does not apply to—
(a) any interception carried out pursuant to a prescribed authorization;
(b) any interception of telecommunications transmitted by radiocommunications (other than the radiocommunications part of a telecommunications network for the provision of a public telecommunications service by any carrier licensee under the Telecommunications Ordinance (Cap. 106)); and
(c) any interception authorized, permitted or required to be carried out by or under any enactment other than this Ordinance (including any interception carried out in the course of the execution of an order of a court authorizing the search of any premises or the seizure of any evidence).
(3) In this section, carrier licensee (傳送者牌照持有人), public telecommunications service (公共電訊服務), radiocommunications (無線電通訊), telecommunications (電訊) and telecommunications network (電訊網絡) have the meanings respectively assigned to them by section 2(1) of the Telecommunications Ordinance (Cap. 106).

5. Prohibition on covert surveillance
(1) Subject to subsection (2), no public officer shall, directly or indirectly (whether through any other person or otherwise), carry out any covert surveillance.
(2) Subsection (1) does not apply to any covert surveillance carried out pursuant to a prescribed authorization.

6. Panel judges
(1) The Chief Executive shall, on the recommendation of the Chief Justice, appoint 3 to 6 eligible judges to be panel judges for the purposes of this Ordinance.
(2) A panel judge shall be appointed for a period of 3 years.
(3) The Chief Executive may, on the recommendation of the Chief Justice, revoke the appointment of a panel judge for good cause.
(4) In performing any of his functions under this Ordinance, a panel judge—
(a) is not regarded as a court or a member of a court; but
(b) has the same powers, protection and immunities as a judge of the Court of First Instance has in relation to proceedings in that Court.
(5) Schedule 2 applies to and in relation to the procedures of, and other matters relating to, a panel judge.
(6) A person previously appointed as a panel judge may from time to time be further appointed as such in accordance with the provisions of this Ordinance that apply to the appointment of a panel judge.
(7) In this section, eligible judge (合資格法官) means a judge of the Court of First Instance.

7. Authorizing officers
The head of a department may designate any officer not below a rank equivalent to that of senior superintendent of police to be an authorizing officer for the purposes of this Ordinance.