which has meanings of its own does not find its way into the Ordinance. It
will require very persuasive authorities in similar legislative situation as in
Hong Kong to succeed importing such an independent right into the
Ordinance.
The Appellant's contention and reliance on the above
authorities do not surmount the above hurdle. The Board agrees with
Google LLC's Senior Counsel's submission that there is no such
independent right in Hong Kong.
92.
Though not an independent doctrine on its own right in law the right
,
to be forgotten is not totally irrelevant in the context of DPP2 and section
26 of the Ordinance. It is relevant to the extent that the concept may be
applicable in the course of due consideration of the application of DPP2
and section 26. Hence, the 13 criteria in UK cases ofNTl and NT2 would
thus still be relevant consideration in appropriate cases under the
Ordinance.
L
.
93.
Conclusion
In conclusion, for the reasons stated in this Decision, the Appellant's
appeal is dismissed.
94.
At the end of the appeal hearing, both the Respondent and Google
LLC indicated that they would not seek costs against the Appellant in any
event. In the circumstances, the Board makes no order as to costs of the
appeal.
95.
It remains for the Board to thank all parties and their representatives
for their assistance to the Board.
Ms. Cindy Chan, Counsel for the
63
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