PCPD - The Ordinance (Full Text)_50

The Ordinance

The Ordinance (Full Text)

CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE

Part VII - INSPECTIONS, COMPLAINTS AND INVESTIGATIONS

42. Power of entry on premises for the purposes of an inspection or investigation (cont.)

(6)

A magistrate may, if satisfied by information upon oath by the Commissioner or any prescribed officer that there are reasonable grounds for believing that the purposes of any investigation may be substantially prejudiced if the Commissioner were required to comply with subsection (3) before exercising his power under subsection (2) in respect of any premises, issue a warrant-

(a)	in the form specified in Part 1 of Schedule 6; and

(b)	in respect of those premises.

(7)

A magistrate may, if satisfied by information upon oath by the Commissioner or any prescribed officer that there are reasonable grounds for believing that the purposes of an investigation may be substantially prejudiced if the Commissioner is prevented by the operation of subsection (4) from exercising his power under subsection (2) in respect of any domestic premises, issue a warrant-

(a)	in the form specified in Part 2 of Schedule 6; and

(b)	authorizing the Commissioner to exercise that power in respect of those premises.

(8)

The Commissioner shall not exercise his power under subsection (1) or (2) in respect of any premises in such a way as to unduly disrupt any operations being carried out in the premises, whether by the relevant data user or any other person.

(9)

Where the Commissioner exercises his power under subsection (1) or (2), the relevant data user shall, without charge, afford the Commissioner such facilities and assistance as the Commissioner may reasonably require for the purposes of the inspection or investigation concerned.

(10)

Where the Commissioner, pursuant to a warrant issued under subsection (6), exercises his power under subsection (2) in respect of the premises specified in the warrant, he shall produce the warrant for inspection by any person found in those premises who questions his authority to exercise that power in respect of those premises.

(11)

In this section and Schedule 6

"domestic premises" means any premises which are constructed or intended to be used for habitation;

"non-domestic premises" means any premises other than domestic premises;

"premises" means-

(a)	any building where no part of the building is separately occupied, and includes any land appertaining to the building;

(b)	in any other case, any part of a building which is separately occupied, and includes any land appertaining to such part.

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