The Ordinance

The Ordinance (Full Text)

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.
(2)

The Commissioner shall not delegate any of his functions or powers under-

(a)

subsection (1);

(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);

(c) any provisions of Schedule 2 which are specified in that Schedule as provisions which shall not be subject to subsection (1).

(3)

A delegate of the Commissioner-

(a)

shall perform the delegated functions and may exercise the delegated powers as if the delegate were the Commissioner; and

(b)

shall be presumed to be acting in accordance with the relevant delegation in the absence of evidence to the contrary.

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.

(2)

The Committee shall consist of-

(a)

the Commissioner, who shall be the chairman; and

(b)

not less than 4 or more than 8 other persons, appointed by the Secretary for Constitutional and Mainland Affairs, of whom-

  1. not less than 1 shall have not less than 5 years' experience in the processing of data; and
  2. not more than 1 shall be a public officer.
(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.
(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.
(5) The Committee may regulate its procedure.

Back to top

[Previous Page][Table of Contents][Next Page]

End of Page

[The Ordinance at a Glance] [The Ordinance (Full Text)] [Codes of Practice / Guideline] [Examples of PICS]

[About PCPD] [The Ordinance] [PCPD Activities] [Information Centre] [Personal Data Privacy Liberal Studies] [Privacy Zone for Youngsters]
[Publications & Videos] [Enquiries & Complaints] [Case Notes] [Contact Us] [Search] [Site Directory] [Graphical Version]
[Chinese Version]

Notice/Copyright 2001 Office of the Privacy Commissioner for Personal Data, Hong Kong. All rights reserved. Disclaimer