### Independent Commission Against Corruption Ordinance 《廉政公署條例》

10D. Power to take finger-prints and photographs
(1) Where a person has been arrested under section 10 or, has been served with a summons under section 8(2) of the Magistrates Ordinance (Cap. 227) in respect of a section 10 offence, any officer may take, or cause to be taken under the supervision of an officer, photographs, finger-prints and the weight and height measurements of that person. (Amended 48 of 1996 s. 22)
(2) The identifying particulars of a person taken under subsection (1) may be retained by the Commissioner, except that if—
(a) a decision is taken not to charge the person with any offence; or
(b) the person is charged with a section 10 offence but discharged by a court before conviction or acquitted at his trial or on appeal,
the identifying particulars, together with any negatives or copies thereof, shall as soon as reasonably practicable be destroyed or, if the person prefers, delivered to that person.
(3) Notwithstanding subsection (2), the Commissioner may retain the identifying particulars of a person who has been previously convicted of any section 10 offence.
(4) In this section—
identifying particulars (辨別身分資料) in relation to a person means photographs, finger-prints and the weight and height measurements of that person;
section 10 offence (第10條罪行) means any offence for which a person may be arrested under section 10.
(Replaced 21 of 1991 s. 2)

10E. Taking of non-intimate samples
(1) In any investigation in respect of an offence committed or believed to have been committed, a non-intimate sample may be taken from a person with or without his consent for forensic analysis only if—
(a) that person is dealt with and detained pursuant to section 10A; and
(b) an officer of the rank of Senior Commission Against Corruption Officer or above (authorizing officer

### Independent Commission Against Corruption Ordinance 《廉政公署條例》

10F. Limitations on use of samples and results of forensic analysis
(1) Without prejudice to subsection (4), no person shall have access to, dispose of or use a non-intimate sample taken pursuant to section 10E except for the purposes of—
(a) forensic analysis in the course of an investigation of any offence for which a person may be arrested under section 10; or
(b) any proceedings for any such offence.
(2) Without prejudice to subsection (4), no person shall have access to, disclose or use the results of forensic analysis of a non-intimate sample taken pursuant to section 10E except—
(a) for the purposes of—
(i) forensic comparison and interpretation in the course of investigation of any offence for which a person may be arrested under section 10;
(ii) any proceedings for such an offence; or
(iii) making the results available to the person to whom the results relate; or
(b) for the purposes of section 59G(1) and (2) of the Police Force Ordinance (Cap. 232) where the results are of forensic DNA analysis.
(3) Any person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months.
(4) Whether or not a non-intimate sample taken pursuant to section 10E or the results of forensic analysis of the sample has been destroyed under section 10G, no person shall use the sample or results in any proceedings for an offence for which a person may be arrested under section 10 after—
(a) it is decided that a person from whom the sample was taken shall not be charged with any offence for which a person may be arrested under section 10;
(b) if the person has been charged with one or more such offences—
(i) the charge or all the charges, as the case may be, is or are withdrawn;
(ii) the person is discharged by a court before conviction of the offence or all the offences, as the case may be; or
(iii) the person is acquitted of the offence or all the offences, as the case may be, at trial or on appeal,
whichever occurs first.
(Added 68 of 2000 s. 4)

### Independent Commission Against Corruption Ordinance 《廉政公署條例》

10G. Disposal of samples and records
(1) The Commissioner shall take reasonable steps to ensure that—
(a) a non-intimate sample taken pursuant to section 10E; and
(b) a record to the extent that it contains information about the sample and particulars that are identifiable by any person as particulars identifying that information with the person from whom the sample was taken,
which may be retained by him or on his behalf are destroyed as soon as practicable after—
(i) if the person has not been charged with any offence for which a person may be arrested under section 10, the expiry of—
(A) subject to subparagraph (B), 12 months from the date on which the sample was taken (the relevant period

11. Standing orders
(1) The Commissioner may make orders, which shall be known as Commission standing orders, providing for—
(a) the control, direction and administration of the Commission;
(b) the discipline, training, classification and promotion of officers;
(c) the duties of officers;
(d) the financial regulation of the Commission;
(e) such other matters as may, in his opinion, be necessary or expedient for preventing abuse or neglect of duty and for upholding the integrity of the Commission.
(2) The Commissioner may, with the prior approval of the Chief Executive, by standing order modify the application to officers of Public Service (Administration) Order, Government regulations or administrative rules applicable by virtue of section 8(4). (Amended 1 of 2003 s. 3)
(3) No Commission standing order shall be inconsistent with any of the provisions of this Ordinance.