### Police Force Ordinance 《警隊條例》

59. Finger-prints, photographs, etc.
(1) Where a person has been arrested under the powers conferred by this or any other law, any police officer may take, or cause to be taken under the supervision of a police officer—
(a) photographs, finger-prints, palm-prints and the weight and height measurements of that person; and
(b) sole-prints and toe-prints of that person if the officer has reason to believe that such prints would help the investigation of any offence.
(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 an 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—
(a) has been previously convicted of any offence; or
(b) is the subject of a removal order under the Immigration Ordinance (Cap. 115).
(4) Notwithstanding subsection (2)(a), the Commissioner may retain, until the person attains the age of 18 years, or until a period of 2 years has elapsed since the person was cautioned as hereinafter referred to, whichever is the later, the identifying particulars of a person under the age of 18 years who has been arrested for an offence, who has not been charged with that offence, but who has instead, in accordance with guidelines approved by the Secretary for Justice, been cautioned by a police officer of the rank of superintendent or above as to his future conduct. (Amended 68 of 1995 s. 4; L.N. 362 of 1997)
(5) Where a person is convicted of an offence, any police officer may take or cause to be taken all or any of the identifying particulars of that person whether or not such particulars are already in the possession of the Commissioner, and the Commissioner may retain any identifying particulars so taken unless and until the conviction is set aside on appeal.
(6) In this section, identifying particulars (鑑別資料) in relation to a person means photographs, finger-prints, palm-prints, sole-prints, toe-prints and the weight and height measurements of that person.
(Replaced 20 of 1991 s. 2)

### Police Force Ordinance 《警隊條例》

59B. Magistrate’s approval for the taking of intimate samples
Where an authorization and the appropriate consent as required under section 59A(1)(a) and (b) have been given, a police officer shall make an application to a magistrate in accordance with Schedule 3 for the magistrate’s approval as required under section 59A(1)(c) and the magistrate may give his approval in accordance with that Schedule.
(Added 68 of 2000 s. 7)

### Police Force Ordinance 《警隊條例》

59D. 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 an intimate sample or a non-intimate sample taken pursuant to section 59A or 59C except for the purposes of—
(a) forensic analysis in the course of an investigation of any offence; 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 an intimate sample or a non-intimate sample taken pursuant to section 59A or 59C except—
(a) for the purposes of—
(i) forensic comparison and interpretation in the course of investigation of any offence;
(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) 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 an intimate sample or a non-intimate sample taken pursuant to section 59A or 59C or the results of forensic analysis of the sample has been destroyed under section 59H, no person shall use the sample or results in any proceedings after—
(a) it is decided that a person from whom the sample was taken shall not be charged with any offence;
(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.
(5) Whether or not a non-intimate sample taken pursuant to section 59F or DNA information derived from the sample has been destroyed under section 59H(7), no person shall use the sample or information in any proceedings after the Commissioner receives a notice served under section 59F(6).
(Added 68 of 2000 s. 7)

### Police Force Ordinance 《警隊條例》

59E. Non-intimate samples of swabs from the mouths of convicted persons
(1) Where a person—
(a) has been convicted of a serious arrestable offence on or after the commencement* of this section; and
(b) either—
(i) has not had an intimate sample or a non-intimate sample taken from him before the conviction; or
(ii) has had an intimate sample or a non-intimate sample taken from him before the conviction but the sample was destroyed under section 59H(1) or (4) or section 10G(1) or (4) of the Independent Commission Against Corruption Ordinance (Cap. 204),
then a police officer of the rank of superintendent or above may authorize the taking of a non-intimate sample of a swab from the mouth of the person for the purposes of section 59G(1) and (2).
(2) Where an authorization has been given under subsection (1), a police officer shall, before the taking of a non-intimate sample of a swab from the mouth, inform the person from whom the sample is to be taken—
(a) of the giving of the authorization;
(b) of the grounds for giving it;
(c) that any DNA information derived from the sample may be permanently stored in the DNA database maintained under section 59G(1) and may be used for the purposes specified in subsection (2) of that section; and
(d) that the person may make a request to a police officer for access to the DNA information derived from the sample.
(3) A non-intimate sample of a swab from the mouth of a person may only be taken by a police officer who has received training for the purpose.
(4) A police officer may use such force as is reasonably necessary for the purposes of taking or assisting the taking of a non-intimate sample of a swab from the mouth of a person pursuant to this section.
(5) The person from whom a non-intimate sample of a swab from the mouth was taken pursuant to subsection (1) is entitled to access to the DNA information derived from the sample.
(6) A non-intimate sample of a swab from the mouth of a person may only be taken within 12 months after the person has been convicted of a serious arrestable offence.
(Added 68 of 2000 s. 7)Editorial Note:
* Commencement date: 1 July 2001.