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PART X
MISCELLANEOUS
67. Power of Commissioner to specify forms
(1) Subject to subsection (2), the Commissioner may specify the
form of any document required under this Ordinance to be in the
specified form and the form of such other documents required for the
purposes of this Ordinance as he thinks fit.
(2) The Commissioner's power under subsection (1) shall be
subject to any express requirement under this Ordinance for a form,
whether specified or otherwise, to comply with that requirement, but
that requirement shall not restrict the exercise of that power in
respect of that form to the extent that, in the opinion of the
Commissioner, his exercise of that power in respect of that form does
not contravene that requirement.
(3) The Commissioner's power under subsection (1) may be exercised
in such a way as to—
(a) include in the specified form of any document referred to
in that subsection a statutory declaration—
(i) to be made by the person completing the form; and
(ii) as to whether the particulars contained in the form
are true and correct to the best of that person's
knowledge and belief;
(b) specify 2 or more forms of any document referred to in that
subsection, whether as alternatives, or to provide for
particular circumstances or particular cases, as the
Commissioner thinks fit.
(4) A form specified under this section shall be—
(a) completed in accordance with such directions and
instructions as are specified in the form;
(b) accompanied by such documents as are specified in the form;
and
(c) if the completed form is required to be provided to—
(i) the Commissioner;
(ii) another person on behalf of the Commissioner; or
(iii) any other person,
so provided in the manner, if any, specified in the form.
68. Service of notices
A notice (howsoever described) which is required to be served
under this Ordinance, or which may be served under this Ordinance, on
a person (howsoever described) shall, in the absence of evidence to
the contrary, be deemed to be so served if—
(a) in the case of an individual, it is—
(i) delivered to him;
(ii) left at his last known address for service, or at his
last known place of residence or business, in Hong
Kong;
(iii) sent by post to him at his last known address for
service, or at his last known postal address, in Hong
Kong; or
(iv) sent by telex, facsimile transmission or other similar
method to him at his last known address for service,
or at his last known postal address, or at his last
known place of residence or business, in Hong Kong;
(b) in the case of a company, it is—
(i) given to or served on an officer of the company;
(ii) left at the company's last known address for service,
or at its last known place of business, in Hong Kong;
(iii) sent by post to the company at its last known address
for service, or at its last known postal address, in
Hong Kong; or
(iv) sent by telex, facsimile transmission or other similar
method to the company at its last known address for
service, or at its last known postal address, or at
its last known place of business, in Hong Kong;
(c) in the case of a partnership, it is—
(i) delivered, left or sent in accordance with paragraph
(a) in respect of any partner who is an individual; or
(ii) given, served, left or sent in accordance with
paragraph (b) in respect of any partner which is a
company;
(d) in the case of a person ("attorney") holding a power of
attorney under which the attorney is authorized to accept
service in respect of another person, it is—
(i) delivered, left or sent in accordance with paragraph
(a) where the attorney is an individual;
(ii) given, served, left or sent in accordance with
paragraph (b) where the attorney is a company;
(iii) delivered, left or sent in accordance with paragraph
(a) in respect of any partner who is an individual
where the attorney is a partnership, or
(iv) given, served, left or sent in accordance with
paragraph (b) in respect of any partner which is a
company where the attorney is a partnership.
69. Regulations — fees (1) The Commissioner may make regulations to prescribe the fees to be paid in respect of any matter, service or facility in respect of which a prescribed fee is payable to the Commissioner under this Ordinance. (2) The amount of any fee prescribed in regulations made under subsection (1) shall not be limited by reference to the amount of administrative or other costs incurred or likely to be incurred in relation to providing the matter, service or facility to which such fee relates, and different fees may be so prescribed for the same matter, service or facility in order to provide for particular circumstances or particular cases specified in the regulations.
70. Regulations — general
(1) The Secretary for Home Affairs may make regulations for all
or any of the following matters—
(a) the particulars to be entered in the log book of a data
user, including particulars referred to in section 27(2)(a),
(b) and (c);
(b) prescribing anything that is required or permitted to be
prescribed under this Ordinance.
(2) Any regulations made under this section may—
(a) empower the Commissioner to grant exemptions from the
regulations, either generally or in a particular case;
(b) make different provisions for different circumstances and
provide for a particular case or class of case;
(c) be made so as to apply only in such circumstances as are
prescribed by the regulations.
(3) Any regulations made under this section may prescribe
offences in respect of contraventions of the regulations, and may
provide for the imposition in respect of any such offence of a fine
not exceeding level 3 and of imprisonment for a period not exceeding
2 years and, in the case of a continuing offence, to a daily penalty
not exceeding $1,000.
71. Amendment of Schedules 2, 4 and 6
The Governor in Council may, by notice in the Gazette, amend
Schedule 2, 4 or 6.
Consequential Amendments
Prevention of Bribery Ordinance
72. Public bodies
The Schedule to the Prevention of Bribery Ordinance (Cap. 201) is
amended by adding—
"79. Privacy Commissioner for Personal Data.".
Administrative Appeals Board Ordinance
73. Schedule amended
The Schedule to the Administrative Appeals Board Ordinance (Cap.
442) is amended by adding—
"29. Personal Data (Privacy)
Ordinance
(81 of 1995)
A decision of the Privacy Commissioner for Personal Data—
(a) to impose conditions on his consent to the carrying out of a
matching procedure under section 32(1)(b)(i);
(b) to refuse to consent to the carrying out of a matching
procedure under section 32(1)(b)(ii);
(c) to refuse under section 39(3) to carry out or continue an
investigation initiated by a complaint;
(d) not to delete under section 46(5) a matter from a report
under the Ordinance;
(e) not to serve an enforcement notice under section 47;
(f) to serve an enforcement notice under section 50.".
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Contents
[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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