Results of study of matters raised in the Annual Report 2015 to the Chief Executive by the Commissioner on Interception of Communications and Surveillance
Cases of non-compliance and irregularity in 2015
Referring to paragraph 6.11 of the Annual Report, Mr CHAN Chun-ying asked whether disciplinary actions had been taken against LEA officers who were so forgetful and not being able to recall or recollect the details of various important events in relation to the case concerned.
S for S advised that under the existing regime, LEAs would be required to notify the Commissioner on identifying any instance of non-compliance and irregularities, followed by a case investigation report. After examination of such a report, the Commissioner would, as the case might require, make recommendations on areas requiring improvement and, if necessary, comment on the appropriateness of the disciplinary actions to be taken on the officers concerned. He stressed that heads of LEAs were very concerned about cases of non-compliance and irregularities. In the case concerned, the LEA had introduced improvement measures to address the inadequacies identified in the interception verification and application procedures. The Annual Report set out the actions taken against the LEA officers concerned and the Commissioner’s conclusion of not finding sufficient evidence of any ill will or ulterior motive relating to any of the LEA officers concerned.
Referring to paragraph 6.8 of the Annual Report, Mr CHAN Chun-ying asked whether measures had been introduced to address the unsatisfactory verification process regarding the interception of the correct facility. S for S responded that the LEA concerned had reminded its officers that in any event, the internal verification form should be fully completed with its details verified before applying to the panel judge for a relevant prescribed authorization.
Measures to combat technology crimes and proposed creation of a permanent Chief Superintendent of Police post of the Cyber Security and Technology Crime Bureau
Cyber attacks
Mr CHAN Chun-ying expressed support for the proposed creation of CSP post. He asked how the creation of the proposed CSP post would contribute to the tackling of cyber attacks such as those referred to in paragraphs 2 and 3 of the Administration’s paper. US for S responded that the proposed CSP post would be responsible for formulating strategies, steering management issues, capacity building, establishing partnership with local critical infrastructures and overseeing the launch of large-scale cyber security drills.