Personal Data (Privacy) Ordinance
Part 7
7-16
Section 42
Cap. 486
(4) Without prejudice to the generality of subsection (5),
where any domestic premises are specified in a notice
under subsection (3) in respect of which the Commissioner
proposes to exercise his power under subsection (2), then
the Commissioner shall not exercise that power in respect of
those premises unless and until a person (other than a minor)
resident therein consents thereto before the expiration of 14
days after service of the notice.
(5) The Commissioner may, pursuant to a warrant issued under
subsection (6), exercise his power under subsection (2) in
respect of the premises specified in the warrant without
complying with subsection (3).
(6) A magistrate may, if satisfied by information upon oath
by the Commissioner or any prescribed officer that there
are reasonable grounds for believing that the purposes of
any investigation may be substantially prejudiced if the
Commissioner were required to comply with subsection (3)
before exercising his power under subsection (2) in respect of
any premises, issue a warrant—
(a) in the form specified in Part 1 of Schedule 6; and
(b) in respect of those premises.
(7) A magistrate may, if satisfied by information upon oath
by the Commissioner or any prescribed officer that there
are reasonable grounds for believing that the purposes of
an investigation may be substantially prejudiced if the
Commissioner is prevented by the operation of subsection (4)
from exercising his power under subsection (2) in respect of
any domestic premises, issue a warrant—
(a) in the form specified in Part 2 of Schedule 6; and
(b) authorizing the Commissioner to exercise that power in
respect of those premises.
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Last updated date
25.4.2013
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