Hong Kong Ordinances

PERSONAL DATA (PRIVACY) ORDINANCE - SECT 58

Crime, etc.

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) Personal data held for the purposes of-

   (a)  the prevention or detection of crime;

   (b)  the apprehension, prosecution or detention of offenders;

   (c)  the assessment or collection of any tax or duty;

   (d)  the prevention, preclusion or remedying (including punishment) of
        unlawful or seriously improper conduct, or dishonesty or malpractice,
        by persons;

   (e)  the prevention or preclusion of significant financial loss arising
        from-

        (i)    any imprudent business practices or activities of persons; or

        (ii)   unlawful or seriously improper conduct, or dishonesty or
               malpractice, by persons;

   (f)  ascertaining whether the character or activities of the data  subject
        are likely to have a significantly adverse impact on any thing-

        (i)    to which the discharge of statutory functions by the data user
               relates; or

        (ii)   which relates to the discharge of functions to which this
               paragraph applies by virtue of subsection (3); or

   (g)  discharging functions to which this paragraph applies by virtue of
        subsection (3), 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-

        (i)    prejudice any of the matters referred to in this subsection; or

        (ii)   directly or indirectly identify the person who is the source of
               the data.

(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) Paragraphs (f)(ii) and (g) of subsection (1) apply to any functions of a
financial regulator-

   (a)  for protecting members of the public against financial loss arising
        from-

        (i)    dishonesty, incompetence, malpractice or seriously improper
               conduct by persons- (A) concerned in the provision of banking,
               insurance, investment or other financial services; (B)
               concerned in the management of companies; (BA) concerned in the
               administration of provident fund schemes registered under the
               Mandatory Provident Fund Schemes Ordinance ( Cap  485); (Added
               4 of 1998 s. 14) (C) concerned in the management of
               occupational retirement schemes within the meaning of the
               Occupational Retirement Schemes Ordinance ( Cap  426); or (D)
               who are shareholders in companies; or

        (ii)   the conduct of discharged or undischarged bankrupts;

   (b)  for maintaining or promoting the general stability or effective
        working of any of the systems which provide any of the services
        referred to in paragraph (a)(i)(A); or

   (c)  specified for the purposes of this subsection in a notice under
        subsection (4).

(4) For the purposes of subsection (3), the Chief Executive may, by notice in
the Gazette, specify a function of a financial regulator. (Amended 34 of 1999
s. 3)

(5) It is hereby declared that-

   (a)  subsection (3) shall not operate to prejudice the generality of the
        operation of paragraphs (a), (b), (c), (d) and (f)(i) of subsection

(1) in relation to a financial regulator;

   (b)  a notice under subsection (4) is subsidiary legislation. (Enacted
        1995)