Personal Data (Privacy) Ordinance
Part 7
7-24
Section 44
Cap. 486
to the Court of First Instance for an order directing that
person to comply with that requirement; (Amended 25 of
1998 s. 2)
(iii) the Court of First Instance may make the order if,
but only if, it is satisfied, having regard to all the
circumstances (including the circumstances of the
complainant), that— (Amended 25 of 1998 s. 2)
(A) if the act or practice specified in the complaint
were proven to be a contravention of a requirement
under this Ordinance, the contravention would
be of sufficient gravity to warrant that person
complying with the requirement referred to in
paragraph (d);
(B) that investigation would be substantially prejudiced
if the requirement referred to in paragraph (d) were
not compiled with;
(C) it is in the public interest, having regard to the
benefit likely to accrue to that investigation, that
the requirement referred to in paragraph (d) be
complied with; and
(D) in any case to which paragraph (d)(ii) is applicable,
the common law privilege asserted does not apply;
and
(iv) on the hearing of the application, the Commissioner, that
person and the complainant shall each be entitled to be
heard on the application and to call, examine and crossexamine any witness.
(3) Where—
(a) a person has complied with a requirement referred to in
subsection (2)(d) the subject of an assertion referred to
in that subsection; and
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Last updated date
25.4.2013
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