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CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE
Part II - ADMINISTRATION
10. Delegations by Commissioner
| (1) |
Subject to subsection (2),
the Commissioner may delegate in writing any of his
functions or powers under this Ordinance to any prescribed
officer subject to such terms and conditions, if any,
as he thinks fit and specified in the delegation.
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| (2) |
The Commissioner shall not delegate any of his functions
or powers under-
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subsection (1);
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| (b) |
any provisions of any regulations made under
this Ordinance which are specified in the regulations
as provisions which shall not be subject to subsection
(1);
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| (c) |
any provisions
of Schedule 2 which are specified in that Schedule
as provisions which shall not be subject to subsection
(1). |
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| (3) |
A delegate of the Commissioner-
| (a)
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shall perform the delegated functions and may
exercise the delegated powers as if the delegate
were the Commissioner; and
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| (b) |
shall be presumed to be acting in accordance
with the relevant delegation in the absence of
evidence to the contrary.
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11.
Establishment of Personal Data (Privacy) Advisory Committee
| (1) |
There is hereby established
a committee by the name of the Personal Data (Privacy)
Advisory Committee for the purpose of advising the Commissioner
upon any matter relevant to the privacy of individuals
in relation to personal data or otherwise relevant to
the operation of this Ordinance.
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| (2) |
The Committee shall consist of-
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the Commissioner, who shall be the chairman;
and
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| (b) |
not less than 4 or more than 8 other persons,
appointed by the Secretary for Constitutional and Mainland Affairs, of
whom-
- not less than 1 shall have not less than 5
years' experience in the processing of data;
and
- not more than 1 shall be a public officer.
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| (3) |
The members of the Committee appointed under subsection
(2)(b) shall hold office for such period and upon such
terms as the Secretary for Constitutional and Mainland Affairs specifies in
their respective appointments or from time to time.
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| (4) |
A member of the
Committee appointed under subsection (2)(b) may resign
at any time by notice in writing delivered to the Secretary
for Constitutional and Mainland Affairs. |
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| (5) |
The Committee may
regulate its procedure. |
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Notice/
Copyright 2001 Office of the Privacy Commissioner for Personal
Data, Hong Kong. All rights reserved. Disclaimer
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