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The conventions adopted in setting out this hypertext version of the Hong Kong Personal Data (Privacy) Ordinance are as follows:
1. The text of the Ordinance is in blue (unless you have overriden document colours, using your browser's options) and looks like this:
12. Approval of codes of practice by Commissioner
(1) Subject to subsections (8) and (9), for the purpose of
providing practical guidance in respect of any requirements under
this Ordinance imposed on data users, the Commissioner may—
(a) approve and issue such codes of practice (whether
prepared by him or not) as in his opinion are suitable
for that purpose; and
(b) approve such issued or proposed codes of practice to be
issued otherwise than by him as in his opinion are
suitable for that purpose.
(2) Where a code of practice is approved under subsection (1),
the Commissioner . . .
2. Links are made to nearly all paragraphs, sections, parts and definitions referred to in the body of the text. This means that every time a subsection, Schedule or specially-defined term is mentioned, you can immediately refer to that subsection, Schedule or definition and then use the 'back' button on your browser to jump back to the reference and carry on reading where you left off.
These links appear in blue, underlined, unless you have overriden document colours, using your browser's options. (The (8) and (9) links above are dummy ones by the way). If you haven't previously used browser software, all you need to know about links, is that when you touch the mouse pointer on the underlined text, the piece of text referred to will replace the text on your screen. Before you try it on one of the 'code of practice' phrases above, note that you must press the 'Back' button on your browser's toolbar, to return here.
If you tried it on 'code of practice', you should have seen the definition of that phrase from the Ordinance at the top of your browser window. Linked text will appear at the top, unless it is very close to the end of a page.
We said 'nearly all' at the beginning of this note, because links are not provided to points that are just a few lines away from the reference, for example, in the previous or next paragraph.
3. The following terms are defined in Part I of the Ordinance:
[act] [adverse action] [appointed day] [approved code of practice] [code of practice] [Commissioner] [Committee] [complainant] [complaint] [correction] [daily penalty] [data] [data access request] [data correction request] [data protection principle] [data subject] [data user] [data user return] [disclosing] [document] [employment] [enforcement notice] [financial regulator] [inaccurate] [inspection] [investigation] [log book] [matching procedure] [matching procedure request] [personal data] [personal data system] [personal identifier] [practicable] [prescribed officer] [processing] [register] [relevant data user] [relevant person] [requestor] [specified] [third party] [use] [would be likely to prejudice]
4. Where a paragraph, section, part or term is the destination of a link, it is shown in bold like the 12. and the (1) in the sample passage given earlier and "correction" below.
"correction", in relation to personal data, means rectification, erasure or completion;
5. The original text of the Ordinance was published simultaneously in Chinese and English and includes a small number of Chinese phrases embedded in the English text (and vice versa). We only deal with the English version here, but we have included the Chinese phrases where they occurred in the text. Unless you have a browser set up to view Chinese (using Union Way, Twinbridge or similar) these will appear as seemingly-random special characters. If the item in brackets above after the word "correction" does not appear in Chinese to you, this serves as an example.
6. The ordinance is divided
into Parts (identified with Roman numerals), Sections (each numbered in
one sequence throughout from 1. to 73.), sub-sections shown like this:
(4), paragraphs: (a) or (4)(a)(i), subparagraphs (A) or (4)(a)(i)(A) and
finally sub-subparagraphs (II) or (4)(a)(i)(A)(II). For the subsections,
the numbering sequence restarts at the beginning of each section.
The hypertext links that we have added mean that you never have to
look these references up yourself . . . just click
on them and let the computer find the relevant passage.
The Parts contain sections as follows:
Part I : 1 — 4 Part VI : 30 — 35 Part II : 5 — 11 Part VII : 36 — 50 Part III: 12 — 13 Part VIII : 51 — 63 Part IV : 14 — 17 Part IX : 64 — 66 Part V : 18 — 29 Part X : 67 — 73
There are also 6 Schedules. The first of these, setting out the Data Protection Principles, is a must-read for every data user responsible for handling personal data under this Ordinance.
Each Part and Schedule is a separate file with the file extension ".html".
7. We have tried to follow the layout of the Ordinance as far as possible when setting out the original text, because the layout is sometimes important in making the meaning clear within clauses, subordinate clauses and listed items. You may have to adjust the width of your browser window for convenient viewing, to avoid broken lines of text.
There are links like these in every
Part and Schedule, to help you find your way around :
[Prelim. & definitions]
[Admin.] [Codes of practice]
[Returns & register]
[Data access & correction]
[Matching & transfers]
[Complaints, etc.] [Exemptions]
[Offences] [Forms, fees, etc.]
[Sched 1: Data protection principles]
[Sched 2: Finances]
[Sched 3: Prescribed information]
[Sched 4: Other ordinances]
[Sched 5: Prescribed matters]
[Sched 6: Warrants]
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