Personal Data (Privacy) Ordinance Part 7 7-52 Section 50A Cap. 486 (a) forms an opinion referred to in subsection (1) in respect of the relevant data user at any time before the completion of an investigation; and (b) is also of the opinion that, by reason of special circumstances, an enforcement notice should be served on the relevant data user as a matter of urgency, he may so serve such notice notwithstanding that the investigation has not been completed and, in any such case— (i) the Commissioner shall, without prejudice to any other matters to be included in such notice, specify in the notice the reasons as to why he is of the opinion referred to in paragraph (b); and (ii) the other provisions of this Ordinance (including this section) shall be construed accordingly. 50A. Offences relating to enforcement notices (1) A data user who contravenes an enforcement notice commits an offence and is liable— (a) on a first conviction— (i) to a fine at level 5 and to imprisonment for 2 years; and (ii) if the offence continues after the conviction, to a daily penalty of $1,000; and (b) on a second or subsequent conviction— (i) to a fine at level 6 and to imprisonment for 2 years; and (ii) if the offence continues after the conviction, to a daily penalty of $2,000. (2) In any proceedings for an offence under subsection (1), it is a defence for the data user charged to show that the data user Verified Copy Last updated date 25.4.2013

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