Honn Korn：: or (b) is controlled by a data user whose principal j lace o business is in Hons Kons“ (emphasis added). This section was understandably relied on by the Appellant. 47. Section 39(l)(d) (under the title: “restrictions on investigations initiated by complaints'''') of the Ordinance provides that "notwithstanding the generality of the powers conferred on the Commissioner by this Ordinance, the Commissioner may refuse to carry out or decide to terminate an investigation initiated by a comylaint if none of the following conditions is fulfilled in respect of the act or practice specified in the complaint- (i) either- (A) the complainant (or, if the complainant is a relevant person, the individual in respect of whom the complainant is such a person) was resident in Hons Konk'： or (B) the relevant data user was able to control in or rom Hons Kons, the collection , holding, processing or use of the personal data concerned, at any time the act or practice was done or ensased in, as the case may be; (ii) the complainant (or, if the complainant is a relevant person, the individual in respect ofwhom the complainant is such a person) was in HonÿKonn at any time the act or practice was done or ensased in’ as the case may be; 39