Personal Data (Privacy) Ordinance
Part 9
9-6
Section 65
Cap. 486
(2) Subsection (1) does not apply in relation to the making of
any complaint or laying of any information in respect of an
offence under this Ordinance which was committed before
the commencement date* of section 37 of the Personal Data
(Privacy) (Amendment) Ordinance 2012 (18 of 2012).
(Added 18 of 2012 s. 37)
Editorial Note:
* Commencement date: 1 October 2012.
65.
Liability of employers and principals
(1) Any act done or practice engaged in by a person in the course
of his employment shall be treated for the purposes of this
Ordinance as done or engaged in by his employer as well as
by him, whether or not it was done or engaged in with the
employer’s knowledge or approval.
(2) Any act done or practice engaged in by a person as agent for
another person with the authority (whether express or implied,
and whether precedent or subsequent) of that other person
shall be treated for the purposes of this Ordinance as done or
engaged in by that other person as well as by him.
(3) In proceedings brought under this Ordinance against any
person in respect of an act or practice alleged to have been
done or engaged in, as the case may be, by an employee of
his it shall be a defence for that person to prove that he took
such steps as were practicable to prevent the employee from
doing that act or engaging in that practice, or from doing
or engaging in, in the course of his employment, acts or
practices, as the case may be, of that description.
(4) For the avoidance of doubt, it is hereby declared that this
section shall not apply for the purposes of any criminal
proceedings.
Verified Copy
Last updated date
25.4.2013
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