We can't see through murk in snooping guide, say lawmakers

A code of practice intended to guide law enforcement agents conducting covert surveillance operations introduces even more grey areas and complexities than the proposed covert surveillance bill itself, lawmakers have said.

As the special session to pass the bill on August 2 approaches, the bills committee on covert surveillance is studying the 44-page code of practice providing 'practical guidance to officers' conducting such operations.

But Civic Party lawmaker Margaret Ng Ngoi-yee, an experienced barrister, said the code was too convoluted even for her to understand and would only confuse frontline officers.

'There is even less focus on the protection of privacy rights and the code makes the policy more grey rather than more clear,' the lawmaker said.

James To Kun-sun, of the Democratic Party, said the guidelines for officers to assess whether a target had 'a reasonable expectation of privacy' were vague and appeared to limit protection.

The code suggests that to evaluate whether a person has a reasonable expectation of privacy, officers should consider whether, among other factors, 'the individual has taken any steps to protect his privacy'.

Mr To said the provision placed the onus on the individual to take active measures to protect his privacy, even if he was having a private conversation in the usual sense of the word.