Hong Kong Ordinances

PERSONAL DATA (PRIVACY) ORDINANCE - SECT 65

Liability of employers and principals

(1) Any act done or practice engaged in by a person in the course of his
employment shall be treated for the purposes of this Ordinance as done or
engaged in by his employer as well as by him, whether or not it was done or
engaged in with the employer's knowledge or approval.

(2) Any act done or practice engaged in by a person as agent for another
person with the authority (whether express or implied, and whether precedent
or subsequent) of that other person shall be treated for the purposes of this
Ordinance as done or engaged in by that other person as well as by him.

(3) In proceedings brought under this Ordinance against any person in respect
of an act or practice alleged to have been done or engaged in, as the case may
be, by an employee of his it shall be a defence for that person to prove that
he took such steps as were practicable to prevent the employee from doing that
act or engaging in that practice, or from doing or engaging in, in the course
of his employment, acts or practices, as the case may be, of that description.

(4) For the avoidance of doubt, it is hereby declared that this section shall
not apply for the purposes of any criminal proceedings. (Enacted 1995)