Paragraph 8(e) (under the title: “discretion under section 39(2) to 11. " refuse to carry out or decide to terminate an investigation ) of the Policy provides that: " Section 39(1) and (2) of the Ordinance contain various grounds on which the Commissioner may exercise his discretion to refuse to carry out or decide to terminate an investigation. In applying some ' of those grounds, the PCPD s policy is as follows: [ ] ÿ ÿ ÿ In addition, an investigation or further investigation may be considered unnecessary if: e . after preliminary enquiry by the PCPD, there is no prima facie evidence of any contravention of the requirements under the Ordinance; " (emphasis added) 12 ' . The Decision was made by the Respondent purportedly based on four grounds. Firstly, it was considered that the Respondent could not pursue the Complaint: " 13. According to Google LLC and Google HK [...], Goosle HK does not exercise any control over the collection, holding, processing or use ofpersonal data in relation to the Google search product, not satisfying the meaning of [ ldata userf'] under the ' 6