Hong Kong Ordinances

PERSONAL DATA (PRIVACY) ORDINANCE - SECT 10

Delegations by Commissioner

(1) Subject to subsection (2), the Commissioner may delegate in writing any of
his functions or powers under this Ordinance to any prescribed officer subject
to such terms and conditions, if any, as he thinks fit and specified in the
delegation.

(2) The Commissioner shall not delegate any of his functions or powers under-

   (a)  subsection (1);

   (b)  any provisions of any regulations made under this Ordinance which are
        specified in the regulations as provisions which shall not be subject
        to subsection (1);

   (c)  any provisions of Schedule 2 which are specified in that Schedule as
        provisions which shall not be subject to subsection (1).

(3) A delegate of the Commissioner-

   (a)  shall perform the delegated functions and may exercise the delegated
        powers as if the delegate were the Commissioner; and

   (b)  shall be presumed to be acting in accordance with the relevant
        delegation in the absence of evidence to the contrary. (Enacted 1995)