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The Ordinance
The Ordinance (Full Text)

 

CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE

SCHEDULE 2 [ss. 5(7),10&2)(c)&71]

FINANCES, ETC. OF COMMISSIONER (cont.)

4. Accounts, audit and annual report of Commissioner

(1)

The Commissioner shall cause proper accounts to be kept of all his financial transactions.

(2) The Commissioner shall, as soon as practicable after the expiry of a financial year, prepare a statement of the accounts of the Commissioner, which statement shall include an income and expenditure account and a balance sheet
(3)

The Commissioner shall appoint an auditor who shall, as soon as practicable, audit the accounts required under subsection (1) and the statement of accounts required under subsection (2) and shall submit a report on the statement to the Commissioner.

(4)

The Commissioner shall, as soon as practicable and in any case not later than 9 months after the expiry of a financial year (or such further period as the Chief Secretary for Administration allows), furnish-

(a)

a report on the activities of the Commissioner during that year including a general survey of developments, during that year, in respect of matters falling within the scope of the Commissioner's functions;

(b)

a copy of the statement of accounts required under subsection (2), and

(c) the auditor's report on the statement, to the Chief Secretary for Administration who shall cause the same to be tabled in the Legislative Council. (Amended L.N. 362 of, 1997)
(5) This section shall not be subject to section 10(1) of this Ordinance.

5. Director of Audit's examination

(1)

The Director of Audit may, in respect of any financial year, conduct an examination into the economy, efficiency and effectiveness with which the Commissioner has expended his resources in performing his functions and exercising his powers.

(2) Subject to subsection (3), the Director of Audit shall have a right of access at all reasonable times to all such documents as he may reasonably require for conducting an examination under this section and shall be entitled to require from any person holding or being accountable for any such document such information and explanation as he considers reasonably necessary for that purpose.
(3) Subsection (2) applies only to documents in the custody and control of the Commissioner.
(4) The Director of Audit may report to the President of the Legislative Council the results of an examination conducted by him under this section.
(5) Subsection (1) shall not operate to entitle the Director of Audit to question the merits of the policy objectives of the Commissioner.

6. Exemption from taxation

(1)

The Commissioner shall be exempt from taxation under the Inland Revenue Ordinance (Cap 1 12).

(2) For the avoidance of doubt, it is hereby declared that subsection (1) does not apply to or in relation to any remuneration, benefits or expenses referred to in section 1(3) paid out of the resources of the Commissioner to the Commissioner.

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