The Law Society has attacked an 'unacceptable' level of protection for lawyer-client confidentiality in the covert surveillance bill.
It says the bill potentially undermines the rule of law and the integrity of the justice system.
In a paper to the Legislative Council Bills Committee, which is examining the bill, the professional body representing about 6,000 solicitors said there would be a great temptation for law enforcement agents to listen in on lawyer-client privileged communication.
'An officer is not likely to stop listening to the conversation even when it becomes apparent that a particular conversation is covered by legal professional privilege,' it said. 'Initially, the obtaining of the information may be inadvertent but there is nothing in the bill which prohibits the agents from continuing listening.'
It called for an express provision that agents would have to halt an operation if they stumbled across privileged communications.
'All clients expect utmost privacy in their dealings with their lawyers, and their confidence in engaging in full and frank discussions with a lawyer ... is an important aspect of the rule of law and the administration of justice,' the society said.