Hong Kong anti-terrorism ordinance and the surveillance society: privacy and free expression implications

This paper is a critical examination of the privacy and free expressionimplications of surveillance in the wake of new anti-terrorism law in HongKong. Surveillance has increased worldwide since the recent terroristattacks. New technological modes of surveillance have becomeindispensable weapons in this 'war on terrorism'. The extent to whichsuch surveillance technology impacts on privacy and free expression hasbeen explored extensively in the literature both in Europe and NorthAmerica. The issue, however, has received little attention in Asia.European and North American anti-terrorism laws are set within theframework of legislative safeguards" safeguards as to the permissibleboundaries of State surveillance. Where anti-terrorism laws impede civilliberties, the legislation is relatively clear and transparent. The situationin Hong Kong may be differentiated with that in Europe and NorthAmerica; there do not appear to be any legal safeguards in place to curtailsurveillance, while the notion of transparency seems wholly lacking inthe larger legal framework of surveillance.