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The Ordinance
The Ordinance (Full Text)

 

CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE

Part I - PRELIMINARY

2. Interpretation (cont.)

(6)

Any reference in this Ordinance to a data protection principle followed by a number is a reference to the principle bearing that number set out in Schedule 1.

(7)

The Chief Executive may, by notice in the Gazette, specify a person to be a regulator for the purposes of the definition of "financial regulator" (Amended 34 of 1999 s.3)

(8)

It is hereby declared that a notice under subsection (7) is subsidiary legislation.

(9)

Where a person-

(a) holds any office, engages in any profession or carries on any occupation; and
(b)

is required by any law, or by any rules made under or by virtue of any law, to be a fit and proper person (or words to the like effect) to hold that office, engage in that profession or carry on that occupation, then, for the purposes of this Ordinance, any conduct by that person by virtue of which he ceases, or would cease, to be such a fit and proper person shall be deemed to be seriously improper conduct.

(10) Subsection (9) shall not operate to prevent seriously improper conduct including, for the purposes of this Ordinance, conduct by virtue of which a person ceases, or would cease, to be a fit and proper person notwithstanding that the conduct is not conduct to which that subsection applies.
(11) Words and expressions importing the neuter gender in relation to any data user shall include the masculine and feminine genders.
(12) A person is not a data user in relation to any personal data which the person holds, processes or uses solely on behalf of another person if, but only if, that first-mentioned person does not hold, process or use, as the case may be, those data for any of his own purposes.
(13) For the avoidance of doubt, it is hereby declared that, for the purposes of this Ordinance, any conduct by a person by virtue of which he has or could become a disqualified person or a suspended person under the Rules of Racing and Instructions by the Stewards of the Hong Kong Jockey Club, as in force from time to time, is seriously improper conduct. (Amended 34 of 1999 s.3)

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