Hong Kong Ordinances

PERSONAL DATA (PRIVACY) ORDINANCE - SECT 64

Offences

PART IX

OFFENCES AND COMPENSATION

(1) A data user who, in any-

   (a)  data user return submitted under section 14(4) to the Commissioner;

   (b)  notice under section 14(8) served on the Commissioner; or

   (c)  notice under section 15(3) or (4) submitted to or served on the
        Commissioner, knowingly or recklessly supplies any information-

        (i)    which is false or misleading in a material particular; and

        (ii)   in purported compliance with that section, commits an offence
               and is liable on conviction to a fine at level 3 and to
               imprisonment for 6 months.

(2) A person who, in any data access request or data correction  request,
supplies any information-

   (a)  which is false or misleading in a material particular; and

   (b)  which is so supplied for the purpose of having the data user concerned
        comply with the request, commits an offence and is liable on
        conviction to a fine at level 3 and to imprisonment for 6 months.

(3) A person who, in any notice under section 15(6) served on the
Commissioner, supplies any information-

   (a)  which is false or misleading in a material particular; and

   (b)  which is so supplied for the purpose of having the Commissioner comply
        with the request to which the notice relates, commits an offence and
        is liable on conviction to a fine at level 3 and to imprisonment for 6
        months.

(4) A data user who, in any matching procedure request submitted to the
Commissioner, supplies any information-

   (a)  which is false or misleading in a material particular; and

   (b)  which is so supplied for the purpose of having the Commissioner
        consent to the matching procedure to which the request relates,
        commits an offence and is liable on conviction to a fine at level 3
        and to imprisonment for 6 months.

(5) A data user (including a data user first-mentioned in section  32 (2)) who
contravenes any condition specified in a notice under section  30 (2) or
32(1)(b)(i) commits an offence and is liable on conviction to a fine at level
3.

(6) Any person who contravenes section 44(3) or 46(1) commits an offence and
is liable on conviction to a fine at level 3 and to imprisonment for 6 months.

(7) Subject to subsection (8), any relevant data user who contravenes an
enforcement notice served on the data user commits an offence and is liable on
conviction to a fine at level 5 and to imprisonment for 2 years and, in the
case of a continuing offence, to a daily penalty of $1000.

(8) It shall be a defence for a relevant data user charged with an offence
under subsection (7) to show that the data user exercised all due diligence to
comply with the enforcement notice concerned.

(9) Any person who-

   (a)  without lawful excuse, obstructs, hinders or resists the Commissioner
        or any other person in the performance of his functions or the
        exercise of his powers under Part VII;

   (b)  without lawful excuse, fails to comply with any lawful requirement of
        the Commissioner or any other person under that Part; or

   (c)  makes a statement which he knows to be false or does not believe to be
        true, or otherwise knowingly misleads the Commissioner or any other
        person in the performance of his functions or the exercise of his
        powers under that Part, commits an offence and is liable on conviction
        to a fine at level 3 and to imprisonment for 6 months.

(10) A data user who, without reasonable excuse, contravenes any requirement
under this Ordinance (other than a contravention of a data 
protection principle) for which no other penalty is specified in this section
commits an offence and is liable on conviction to a fine at level 3. (Enacted
1995)