Personal Data (Privacy) Ordinance Part 6 6-10 Section 33 Cap. 486 (5) A requestor who contravenes any conditions specified in a notice under subsection (1)(b)(i) commits an offence and is liable on conviction to a fine at level 3. (Added 18 of 2012 s. 19) 33. Prohibition against transfer of personal data to place outside Hong Kong except in specified circumstances (Not yet in operation) (1) This section shall not apply to personal data other than personal data the collection, holding, processing or use of which— (a) takes place in Hong Kong; or (b) is controlled by a data user whose principal place of business is in Hong Kong. (2) A data user shall not transfer personal data to a place outside Hong Kong unless— (a) the place is specified for the purposes of this section in a notice under subsection (3); (b) the user has reasonable grounds for believing that there is in force in that place any law which is substantially similar to, or serves the same purposes as, this Ordinance; (c) the data subject has consented in writing to the transfer; (d) the user has reasonable grounds for believing that, in all the circumstances of the case— (i) the transfer is for the avoidance or mitigation of adverse action against the data subject; (ii) it is not practicable to obtain the consent in writing of the data subject to that transfer; and (iii) if it was practicable to obtain such consent, the data subject would give it; Verified Copy Last updated date 25.4.2013