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dispute, her colleague could not have taken into account the emotional problems that

might adversely affect her in handling the above dispute, thus causing additional

pressure to the complainant which might severely damage her physical or mental

health. Hence, section 59 applied to exempt such disclosure from the requirements

under DPP3.

Section 59A—Care and Guardianship of Minors


Section 59A is a new exemption introduced by the Amendment Ordinance. It provides

for the exemption from the provisions of DPP3 personal data relating to a minor that is

transferred or disclosed by the Hong Kong Police Force or Customs and Excise

Department to a relevant person of the minor if:

59A ……

(a) the purpose of the transfer or disclosure is to facilitate the relevant person to exercise

proper care and guardianship of the minor;

(b) the transfer or disclosure is in the interest of the minor; and

(c) the application of those provisions in relation to such transfer or disclosure would be

likely to prejudice the exercise of proper care and guardianship of the minor by the

relevant person or the interest of the minor.


A “relevant person” in relation to a minor, is defined in section 2(1) of the Ordinance to

mean a person who has parental responsibility for a minor. This exemption was added

under the Amendment Ordinance to facilitate parents and guardians to exercise proper

care and guardianship over their minor children who are obviously at risk but have not

been caught committing crimes. For example, the police found a 13-year-old girl in a

secluded place with drugs discarded on the floor. While the drugs were not found to be

possessed by the girl, all the circumstances would suggest that she might be involved in

or was vulnerable to becoming embroiled in drug taking or even trafficking. It was

suggested that in such cases, notifying the parents/guardians would facilitate early

identification of a hidden problem and enable necessary intervention to prevent the

problem from further deteriorating.

Section 60 — Legal Professional Privilege


This exemption relates to the basic rule of legal privilege, and exempts communications

between a legal advisor and his clients, for the purpose of obtaining legal advice or

when litigation is contemplated, from the application of the data access provisions

(DPP6 and section 18(1)(b)). Legal professional privilege is important so that legal advice

may be safely and sufficiently obtained and protected. It is a right recognised by the

Basic Law


which provides that Hong Kong residents shall have the right to confidential

legal advice.


Article 35 of the Basic Law of Hong Kong.