it should be certain and predictable (Bennion p. 799) and the , principle against doubtful penalisation, namely that a person should not be penalised except under clear law (pages pp. 784, 825-831).“ 50. In Lawson v Serco Ltd [2006] ICR 250, the House of Lords in , addressing the issue of the territorial jurisdiction of the Employment Rights Act 1996,applied the following principle (see page 254): " 6 The general principle of construction is, of course, that legislation is prima facie territorial. The United Kingdom rarely purports to legislate for the whole world. Some international crimes, like torture, are an exception. But usually such an exorbitant exercise of legislative power would be both ineffectual and contrary to the comity of nations. [...] " (emphasis added) 51. The task of the Board is to apply the above relevant principles of interpretation of statutes and take into account the relevant background of the enactment of the Ordinance, the consultation paper and reports relating to the introduction of the Ordinance, and most importantly the intent reflected by the actual provisions in the Ordinance itself and their effects to ascertain the intention and purpose of the Ordinance in answering the question whether the Ordinance has the intention of applying to data users who is out of Hong Kong and do not control the use of the data in Hong Kong. 52. As submitted by the Respondent, which the board accepts, extra43

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