Hong Kong Ordinances

PERSONAL DATA (PRIVACY) ORDINANCE - SECT 42

Power of entry on premises for the purposes of an inspection or investigation

(1) Subject to subsections (3) and (8), the Commissioner may, for the purposes
of an inspection-

   (a)  where the personal data system, or any part thereof, the subject of
        the inspection is situated in-

        (i)    non-domestic premises, enter the premises at any reasonable
               time;

        (ii)   domestic premises, enter the premises with the consent of any
               person (other than a minor) resident therein;

   (b)  carry out in the premises the inspection.

(2) Subject to subsections (3) and (8), the Commissioner may, for the purposes
of an investigation-

   (a)  enter any premises-

        (i)    occupied by the relevant data user; or

        (ii)   in which is situated the personal data system, or any part
               thereof, used by the relevant data user;

   (b)  carry out in the premises the investigation.

(3) Subject to subsections (4) and (5), the Commissioner shall, not less than
14 days before exercising his power under subsection (1) or (2) in respect of
any premises, by notice in writing served on the relevant  data user, inform
the data user-

   (a)  of the premises in respect of which he proposes to exercise that
        power; and

   (b)  that the power will not be so exercised before the expiration of 14
        days after service of the notice.

(4) Without prejudice to the generality of subsection (5), where any
domestic premises are specified in a notice under subsection (3) in respect of
which the Commissioner proposes to exercise his power under subsection (2),
then the Commissioner shall not exercise that power in respect of those
premises unless and until a person (other than a minor) resident therein
consents thereto before the expiration of 14 days after service of the notice.

(5) The Commissioner may, pursuant to a warrant issued under subsection (6),
exercise his power under subsection (2) in respect of the premises specified
in the warrant without complying with subsection (3).

(6) A magistrate may, if satisfied by information upon oath by the
Commissioner or any prescribed officer that there are reasonable grounds for
believing that the purposes of any investigation may be substantially
prejudiced if the Commissioner were required to comply with subsection (3)
before exercising his power under subsection (2) in respect of any premises,
issue a warrant-

   (a)  in the form specified in Part 1 of Schedule 6; and

   (b)  in respect of those premises.

(7) A magistrate may, if satisfied by information upon oath by the
Commissioner or any prescribed officer that there are reasonable grounds for
believing that the purposes of an investigation may be substantially
prejudiced if the Commissioner is prevented by the operation of subsection

(4) from exercising his power under subsection (2) in respect of any
domestic premises, issue a warrant-

   (a)  in the form specified in Part 2 of Schedule 6; and

   (b)  authorizing the Commissioner to exercise that power in respect of
        those premises.

(8) The Commissioner shall not exercise his power under subsection

(1) or (2) in respect of any premises in such a way as to unduly disrupt any
operations being carried out in the premises, whether by the relevant 
data user or any other person.

(9) Where the Commissioner exercises his power under subsection (1) or (2),
the relevant data user shall, without charge, afford the Commissioner such
facilities and assistance as the Commissioner may reasonably require for the
purposes of the inspection or investigation concerned.

(10) Where the Commissioner, pursuant to a warrant issued under subsection
(6), exercises his power under subsection (2) in respect of the premises
specified in the warrant, he shall produce the warrant for inspection by any
person found in those premises who questions his authority to exercise that
power in respect of those premises.

(11) In this section and Schedule 6-

"domestic premises" (住宅處所) means any premises which are constructed or
intended to be used for habitation;

"non-domestic premises" (非住宅處所) means any premises other than
domestic  premises;

"premises" (處所) means-

   (a)  any building where no part of the building is separately occupied, and
        includes any land appertaining to the building;

   (b)  in any other case, any part of a building which is separately
        occupied, and includes any land appertaining to such part. (Enacted
        1995)

"domestic premises" (住宅處所)

"non-domestic premises" (非住宅處所)

"premises" (處所)