| (1) |
Personal data held by or on behalf of the Government
for the purposes of safeguarding security, defence
or international relations in respect of Hong
Kong are exempt from the provisions of data protection
principle 6 and section 18(1)(b) where the application
of those provisions to the data would be likely
to prejudice any of the matters referred to in
this subsection.
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| (2) |
Personal
data are exempt from the provisions of data protection
principle 3 in any case in which-
| (a)
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the use of the data is for any of the purposes
referred to in subsection (1) (and whether or
not the data are held for any of those purposes);
and
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| (b) |
the application of those provisions in relation
to such use would be likely to prejudice any of
the matters referred to in that subsection,
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the
application of those provisions in relation to
such use would be likely to prejudice any of the
matters referred to in that subsection,
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| (3) |
Any
question whether an exemption under subsection (1)
is or at any time was required in respect of any
personal data may be determined by the Chief Executive
or Chief Secretary for Administration; and a certificate
signed by the Chief Executive or Chief Secretary
for Administration certifying that the exemption
is or at any time was so required shall be evidence
of that fact. (Amended L.N. 362 of 1997; 34 of 1999
s.3) |
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| (4) |
For
the purposes of subsection (2), a certificate signed
by the Chief Executive or Chief Secretary for Administration
certifying that personal data are or have been used
for any purpose referred to in subsection (1) shall
be evidence of that fact. (Amended L.N. 362 of 1997;
34 of 1999 s.3) |
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| (5) |
The
Chief Executive or Chief Secretary for Aministration
may, in a certificate referred to in subsection
(3) or (4), in respect of the personal data to which
the certificate relates and for the reasons specified
in that certificate, direct the Commissioner not
to carry out an inspection or investigation and,
in any such case, the Commissioner shall comply
with the direction. (Amended L.N. 362 of 1997; 34
of 1999 s.3) |
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| (6) |
A document purporting
to be a certificate referred to in subsection (3) or (4)
shall be received in evidence and, in the absence of evidence
to the contrary, shall be deemed to be such a certificate.
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| (7) |
In this section-
"international relations" ( )
includes relations with any international organization;
"security" ( )
includes the prevention or preclusion of persons (including persons detained
in accordance with the provisions of the Immigration Ordinance (Cap. 115)
entering and remaining in Hong Kong who do not have the right to enter
and remain in Hong Kong.
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