Kong, with the data controller situated in France. The regulatory
gap can only be-filled by applying the Hong Kong law to data
processed here.
17.18 We accordingly recommend that the general provisions of the
data protection law should apply to the processing ofpersonal data
in Hons Kong,whether or not the data controller is in the
territory. Equally, data processing outside Hons Kons which is
controlled from within the territory should also be subject to the
general application of the law. We note that this approach is in line
“
with Article 4 of the draft Directive.
(emphasis added)
E2. The LRC Paper
38.
Before the LRC Report was published, the LRC published in 1993 a
consultation paper on reform of the law relating to information privacy
( the LRC Paper"). Chapter 18 (also titled Utransborder data flow")
"
thereof states that:
K
"
SUMMARY
This chapter examines the controls which should be imposed on the
transfer of data . to countries lacking adequate data protection,
whether or not the transfer is by automated means. It raises the
question of the territorial scope of a data protection law in Hong
Kong. We conclude that Hons Ronsfs data protection law should
apply to any data which is controlled in Hons Konii. regardless of
30
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