Recording without permission

Is there any law in HK that set guide lines on recording of a conversation without permission from parties involved?

Can such a recording be use for legal proceedings by a person?

Thanks for any legal advice.

[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.


Recording of a conversation without the permission of the parties involved is an act, arguably, morally reprehensible. The use of such recorded conversations is governed by various legislation.


Under the article 30 of the Hong Kong Basic Law, the freedom and privacy of communication of Hong Kong residents is protected by law. No public officer or individual may, on any grounds, infringe upon the freedom and privacy of communication of residents except that the relevant authorities may inspect communication in accordance with legal procedures to meet the needs of public security or of investigation into criminal offences.


The Personal Data (Privacy) Ordinance protects the privacy interests of living individuals in relation to personal data in Hong Kong. It regulates the use of a recording of a conversation without permission from parties involved.


Whether a recording of a conversation without permission between parties can be admitted in legal proceedings is subject to courts’ discretion and depends on several factors. For example, the identity of the parties, the authority of the person doing the recording, the manner that the conversation was being recorded, the purpose for which the admission of recorded conversation is sought, the relevance of the recorded information to the content/fact in issue, and essentially the voluntariness of the evidence being collected.


Weir & Associates

Solicitors & Notaries

16th Floor Tak Shing House

Theatre Lane

20 Des Voeux Road Central

Central

Hong Kong

Tel : 2526-1767

Fax : 2868-3568

email : WeirLaw@weirandassocciates.com

www.weirandassocciates.com

I was asked by a well known global company to be a "mystery shopper". Their client was Lan* Crawfor*. They wanted me to secretly record the shopping experience and interactive with the staff. I refused and didn't get the job.