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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