Hong Kong Ordinances

PERSONAL DATA (PRIVACY) ORDINANCE - SECT 45

Protection of witnesses, etc.

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2; 34 of 1999 s.
3

(1) Every person shall have the same privileges in relation to the giving of
information, the answering of questions, and the production of documents and
things, for the purposes of an investigation, as witnesses have in civil
proceedings in the High Court but any rule of law which authorizes or requires
the withholding of any document or thing, or the refusal to answer any
question, on the ground that the disclosure of the document or thing or the
answering of the question, as the case may be, would be injurious to the
public interest, shall not apply in respect of any investigation. (Amended 25
of 1998 s. 2)

(2) Except on the trial of any person for perjury in respect of his sworn
testimony, or for an offence under this Ordinance, no statement made or answer
given by that or any other person in the course of any investigation shall be
admissible in evidence against any person, before any magistrate or in any
court or at any inquiry or in any other proceedings, and no evidence in
respect of an investigation shall be given against any person.

(3) Where the giving of any information or the answering of any question or
the production of any document or thing would involve the disclosure, without
the consent of the Chief Executive, of the deliberations of the Executive
Council, the Commissioner shall not require the information or answer to be
given or, as the case may be, the document or thing to be produced. (Amended
34 of 1999 s. 3) (Enacted 1995)