Hong Kong Ordinances

PERSONAL DATA (PRIVACY) ORDINANCE - SECT 43

Proceedings of Commissioner

(1) Subject to the provisions of this Ordinance, the Commissioner may, for the
purposes of any investigation-

   (a)  be furnished with any information, document or thing, from such
        persons, and make such inquiries, as he thinks fit; and

   (b)  regulate his procedure in such manner as he thinks fit.

(2) Any hearing for the purposes of an investigation shall be carried out in
public unless-

   (a)  the Commissioner is of the opinion that, in all the circumstances of
        the case, the investigation should be carried out in private; or

   (b)  if the investigation was initiated by a complaint, the complainant
        requests in writing that the investigation be carried out in private.

(3) Counsel and solicitors shall not have any right of audience before the
Commissioner at any hearing for the purposes of an investigation, but may
appear before him if he thinks fit.

(4) It shall not be necessary for the Commissioner to hold any hearing for the
purposes of an investigation and no person shall be entitled to be heard by
the Commissioner.

(5) If at any time during the course of an investigation it appears to the
Commissioner that there may be sufficient grounds for him to make any report
or recommendation that may criticize or adversely affect any person he shall
give to the person an opportunity to be heard. (Enacted 1995)