In light of the evidence obtained by the Respondent that it was Google LLC
(and not Google HK) which operates the search engine outside of Hong
Kong, the Board agrees with the Respondent on this issue without
hesitation.
79.
_
By reason of the above analysis the Board finds that:
(a)
The Ordinance does not apply to a foreign person or entity
who has no operation controlled within or from Hong Kong
since the Ordinance does not have extra-territorial effect;
(b) As a matter of fact, Google LLC is not situated and does not
have any operations in Hong Kong;
(c)
The jurisdiction and power of the Respondent are limited and
do not extend to regulate and control the conduct of a foreign
body such as Google LLC whose operations are not controlled
within or from Hong Kong;
(d) Hence, Google LLC does not fall within the scope of "data
user
80.
"
under the Ordinance.
The above conclusions and findings are sufficient to dispose of and
dismiss the appeal. The above conclusion is actually the very reason why
the Respondent could not pursue the Appellant,s complaint under the
Ordinance as explained in paragraph 15 of the Respondent's Decision. The
Board knows that the Respondent is reviewing the above effect of the
Ordinance which for laymen including the Appellant may feel aggrieved.
56
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