Hong Kong Ordinances

PERSONAL DATA (PRIVACY) ORDINANCE - SECT 57

Security, etc. in respect of Hong Kong

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 34 of 1999 s. 3

(1) Personal data held by or on behalf of the Government for the purposes of
safeguarding security, defence or international relations in respect of Hong
Kong are exempt from the provisions of data protection  principle 6 and
section 18(1)(b) where the application of those provisions to the data
would be likely to prejudice any of the matters referred to in this
subsection.

(2) Personal data are exempt from the provisions of data protection  principle
3 in any case in which-

   (a)  the use of the data is for any of the purposes referred to in
        subsection (1) (and whether or not the data are held for any of those
        purposes); and

   (b)  the application of those provisions in relation to such use
        would be likely to prejudice any of the matters referred to in that
        subsection, and in any proceedings against any person for a
        contravention of any of those provisions it shall be a defence to show
        that he had reasonable grounds for believing that failure to so use
        the data would have been likely to prejudice any of those matters.

(3) Any question whether an exemption under subsection (1) is or at any time
was required in respect of any personal data may be determined by the Chief
Executive or Chief Secretary for Administration; and a certificate signed by
the Chief Executive or Chief Secretary for Administration certifying that the
exemption is or at any time was so required shall be evidence of that fact.
(Amended L.N. 362 of 1997; 34 of 1999 s. 3)

(4) For the purposes of subsection (2), a certificate signed by the Chief
Executive or Chief Secretary for Administration certifying that personal data
are or have been used for any purpose referred to in subsection (1) shall be
evidence of that fact. (Amended L.N. 362 of 1997; 34 of 1999 s. 3)

(5) The Chief Executive or Chief Secretary for Administration may, in a
certificate referred to in subsection (3) or (4), in respect of the
personal data to which the certificate relates and for the reasons specified
in that certificate, direct the Commissioner not to carry out an inspection or
investigation and, in any such case, the Commissioner shall comply with the
direction. (Amended L.N. 362 of 1997; 34 of 1999 s. 3)

(6) A document purporting to be a certificate referred to in subsection (3) or
(4) shall be received in evidence and, in the absence of evidence to the
contrary, shall be deemed to be such a certificate.

(7) In this section-

"international relations" (國際關係) includes relations with any
international organization;

"security" (保安) includes the prevention or preclusion of persons

(including persons detained in accordance with the provisions of the
Immigration Ordinance ( Cap 115)) entering and remaining in Hong Kong who do
not have the right to enter and remain in Hong Kong. (Enacted 1995)

"international relations" (國際關係)

"security" (保安)