Hong Kong Ordinances

ELECTRONIC TRANSACTIONS ORDINANCE - SECT 46

Obligation of secrecy

(Past version on 07/01/2000).

PART XI

PROVISIONS AS TO SECRECY, DISCLOSURE AND OFFENCES

(1) Subject to subsection (2), a person who has access to any record, book,
register, correspondence, information, document or other material in the
course of performing a function under or for the purposes of this Ordinance
shall not disclose or permit or suffer to be disclosed any information
relating to another person as contained in such record, book, register,
correspondence, information, document or other material to any other person.
(Amended 14 of 2004 s. 24)

(2) Subsection (1) does not apply to disclosure-

   (a)  which is necessary for performing or assisting in the performance of a
        function under or for the purposes of this Ordinance;

   (b)  for the purpose of any criminal proceedings in Hong Kong;

   (c)  for the purpose of complying with a requirement made under a
        rule of law with a view to instituting a criminal proceeding in Hong
        Kong; or

   (d)  under the direction or order of a magistrate or court.

(3) A person who contravenes subsection (1) commits an offence and is liable
to a fine at level 6 and in the case of an individual also to imprisonment for
6 months.