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.
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| (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)
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| (8) |
It is hereby declared that
a notice under subsection (7) is subsidiary legislation.
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| (9) |
Where
a person-
| (a)
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holds
any office, engages in any profession or carries
on any occupation; and |
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| (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.
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| (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. |
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| (11) |
Words and expressions
importing the neuter gender in relation to any data user
shall include the masculine and feminine genders. |
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| (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. |
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| (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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