| (1) |
For
the purposes of this Ordinance, there is hereby
established an office by the name of the Privacy
Commissioner for Personal Data.
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| (2) |
The
Commissioner shall be a corporation sole with
perpetual succession and -
| (a)
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shall
have and may use a seal; and |
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| (b) |
shall be capable of suing and being sued.
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| (3) |
The
Chief Executive shall, by notice in the Gazette,
appoint a person to be the Commissioner. (Amended
34 of 1999 s.3)
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| (4) |
Subject to subsection (5), the person appointed
to be the Commissioner shall hold office for a
period of 5 years and shall be eligible for reappointment
for not more than 1 further period of 5 years.
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| (5) |
The
person appointed to be the Commissioner may-
| (a)
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at
any time resign from his office by notice
in writing to the Chief Executive; or |
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| (b) |
be removed from office by the Chief Executive
with the approval by resolution of the Legislative
Council on the ground of-
- inability to perform the functions of
his office; or
- misbehaviour. (Amended
34 of 1999 s.3)
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| (6) |
The
Chief Executive shall determine- (Amended
34 of 1999 s.3)
| (a)
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the
emoluments; and |
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| (b) |
the terms and conditions of appointment,
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of
the person appointed to be the Commissioner.
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| (7) |
The
provisions of Schedule 2 shall have effect with
respect to the Commissioner. |
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| (8) |
Subject
to subsection (9), the Commissioner shall not be
regarded as a servant or agent of the Government
or as enjoying any status, immunity or privilege
of the Government. |
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| (9) |
The
person appointed to be the Commissioner shall
be deemed to be a public servant-
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within
the meaning of section 2 of the Prevention
of Bribery Ordinance (Cap. 201); and |
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| (b) |
for the purposes of that Ordinance.
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