example, when the operator or publisher of a website changes
from accepting to refusing the request from the crawler, the
contents of the website will be removed from the corresponding
indexes.
c
.
Serving of results: When a user conducts a Google search using
a keyword, the algorithms of the search engine will look the
keyword up in the indexes and find the relevant contents. The
results returned to the user will include a list containing
hyperlinks to, and titles of, the websites,as well as snippets of
the contents of the websites in which the keyword appears.
75.
The uncontradicted evidence which the Board accepts is that no data
centre, crawling and indexing equipment, and Google search server is
located or installed in Hong Kong. Its data centres in Asia are located in
Singapore and Taiwan. The processing of a browser's search command is
conducted by the search engine which is also installed outside Hong Kong.
The availability of search results on the website of Google HK is not a
significant factor, because the majority of the search process, as identified
above, takes place via facilities and equipment outside-Hong Kong.
76.
Overall, the Board is satisfied that Google LLC decides on the
contents and use of personal data under Google search, through its data
centres, crawling and indexing equipment, Google search server and
engine, all installed or located outside Hong Kong.
77.
This factual issue of control by Google LLC from outside of Hong
Kong is not at the heart of the appeal and arguments of the parties. The
54
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