-3- A 6. B C D E F G H I J K L M N O P Q R S A The Notice of Motion sets out three questions, which the applicant contends, are involved in the appeal and are of great general or public importance. They are: “(1) Whether any exemption applicable under the Personal Data (Privacy) Ordinance (“Cap. 486”) must be considered and whether it must be proved that the party being complained of (that is, the data user) has contravened the Data Protection Principle(s) (“DPP”) during the process leading to the conclusion that the data user has contravened concerned DPP and to issuing an Enforcement Notice? If NO (no), then whether Cap. 486 is in violation of the spirit of the common law where the burden of proof rests with the accusing party, and whether Cap. 486 is in infringement of the rights of persons stipulated in Article 11 of the Hong Kong Bill of Rights Ordinance, since contravention of Enforcement Notice automatically becomes an offence in Cap. 486? (2) Whether a conversation (being recorded or not), itself without any personal data, can be regarded as personal data under Cap. 486 when taken together with a named and identifiable person who spoke the conversation? If it can, then whether the voice in the conversation or the content of the conversation is being regarded as personal data? (3) Whether the personal data (under Cap. 486) being used must be private facts and not public facts, and must be offensive and objectionable to a reasonable person of ordinary sensibilities? If not, then whether Cap. 486 is in infringement of the rights of persons stipulated under Article 27 of the Basic Law of Hong Kong SAR and Article 16 of the Hong Kong Bill of Rights Ordinance regarding freedom of speech, of the press and publication and freedom of opinion and expression respectively?” B C D E F G H I J K L M N O P Q R S T T U U V V