The delay in enacting a law on phone tapping could be unconstitutional, an ousted legislator claimed yesterday.
James To Kun-sun, the Democratic Party security spokesman, urged that the Interception of Communications Ordinance, which was passed before the handover, become law immediately.
It makes tapping a criminal offence and requires law enforcement agencies to apply for a court warrant before bugging phones.
He was outraged that the Security Bureau may be intending to place the ordinance before Exco for reconsideration. 'That would be unconstitutional.
'The Government cannot amend, delay or cancel a law altogether,' he said after a meeting with Deputy Secretary for Security Raymond Wong Hung-chiu yesterday.
A bureau spokesman said the ordinance had 'a number of unacceptable features which would seriously hamper the effectiveness of the law enforcement agencies'.