Hong Kong Ordinances

PERSONAL DATA (PRIVACY) ORDINANCE - SECT 8

Functions and powers of Commissioner

(Past version on 30/06/1997).

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

(1) The Commissioner shall-

   (a)  monitor and supervise compliance with the provisions of this
        Ordinance;

   (b)  promote and assist bodies representing data users to prepare, for the
        purposes of section 12, codes of practice for guidance in complying
        with the provisions of this Ordinance, in particular the data 
        protection principles;

   (c)  promote awareness and understanding of, and compliance with, the
        provisions of this Ordinance, in particular the data protection 
        principles;

   (d)  examine any proposed legislation (including subsidiary legislation)
        that the Commissioner considers may affect the privacy of individuals
        in relation to personal data and report the results of the examination
        to the person proposing the legislation;

   (e)  carry out inspections, including inspections of any personal 
        data systems used by data users which are departments of the
        Government or statutory corporations;

   (f)  for the better performance of his other functions, undertake research
        into, and monitor developments in, the processing of data and computer
        technology in order to take account of any likely adverse effects such
        developments may have on the privacy of individuals in relation to
        personal data;

   (g)  liaise and co-operate with any person in any place outside Hong Kong-

        (i)    performing in that place any functions which, in the opinion of
               the Commissioner, are similar (whether in whole or in part) to
               any of the Commissioner's functions under this Ordinance; and

        (ii)   in respect of matters of mutual interest concerning the privacy
               of individuals in relation to personal data; and

   (h)  perform such other functions as are imposed on him under this
        Ordinance or any other enactment.

(2) The Commissioner may do all such things as are necessary for, or
incidental or conducive to, the better performance of his functions and in
particular but without prejudice to the generality of the foregoing, may-

(a) acquire and hold property of any description if in the opinion of the
Commissioner such property is necessary for-

        (i)    the accommodation of the Commissioner or of any prescribed 
               officer; or

        (ii)   the performance of any function which the Commissioner may
               perform, and, subject to the terms and conditions upon which
               such property is held, dispose of it;

   (b)  enter into, carry out, assign or accept the assignment of, vary or
        rescind, any contract, agreement or other obligation;

   (c)  undertake and execute any lawful trust which has as an object the
        furtherance of any function which the Commissioner is required or is
        permitted by this Ordinance to perform or any other similar object;

   (d)  accept gifts and donations, whether subject to any trust or not;

   (e)  with the prior approval of the Chief Executive, become a member of or
        affiliate to any international body concerned with (whether in whole
        or in part) the privacy of individuals in relation to personal data;
        (Amended 34 of 1999 s. 3)

   (f)  exercise such other powers as are conferred on him under this
        Ordinance or any other enactment.

(3) The Commissioner may make and execute any document in the performance of
his functions or the exercise of his powers or in connection with any matter
reasonably incidental to or consequential upon the performance of his
functions or the exercise of his powers.

(4) Any document purporting to be executed under the seal of the Commissioner
shall be admitted in evidence and shall, in the absence of evidence to the
contrary, be deemed to have been duly executed.

(5) The Commissioner may from time to time cause to be prepared and published
by notice in the Gazette, for the guidance of data users, guidelines not
inconsistent with this Ordinance, indicating the manner in which he proposes
to perform any of his functions, or exercise any of his powers, under this
Ordinance. (Enacted 1995)