applicability of the Ordinance to persons outside of Hong Kong.
6.1
.
In Shi Tao v The Privacy Commissioner for Personal Data, it is the
Board's decision that the Ordinance applied to the data controlled by Yahoo
HK, though managed by its PRC subsidiary. That decision by implication
rules out extra-territorial jurisdiction of the Ordinance because otherwise
it would have been irrelevant whether Yahoo HK controlled the subject
data in Hong Kong.
62.
Further, the three cases relied on by the Appellant were decided in
completely different contexts and are irrelevant in the present context and
hence do not throw any useful light on the issue in the present appeal.
a
.
The subject matter in Oriental Press Group Ltd v Google LLC
is a preliminary application for leave to serve out of jurisdiction
a writ of summons for defamation
,
whereas that in the present
appeal is a substantive appeal against a decision made in respect
'
of a privacy complaint. The Appellant s initial allegation to
Google LLC that the contents of the Links were defamatory
,
which he no longer pursued, does not render the principles
under the tort of defamation applicable in a different context
,
which is governed by the Ordinance.
b
.
In David M Webb v Privacy Commissioner for Personal Data’
the medium in question is a website operated in Hong Kong
,
and the contents in question are links to judgments redacted by
the court, whereas in the present appeal the medium in question
,
is the Google search engine operated by Google LLC, arguably
49
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