### Census and Statistics Ordinance 《普查及統計條例》

24. Consent of Secretary for Justice required for prosecution of offences
No prosecution for an offence against this Ordinance shall be commenced without the written consent of the Secretary for Justice.
(Amended L.N. 362 of 1997)

25. Information obtained by statistical inquiry not admissible in evidence
No census officer nor any other person shall be required in any civil or criminal proceedings whatsoever to give in evidence any information relating to particulars concerning any person, institution or undertaking obtained by him in the course of and as a result of his connexion with any statistical inquiry or with the preparation of any schedule, return, abstract, report or other document compiled in connexion with such inquiry; and no schedule completed or return made under this Ordinance, nor any abstract, report or other document (other than an abstract, report or other document published in accordance with section 22) which contains particulars relating to any individual, institution or undertaking obtained in the course of and as a result of any statistical inquiry, shall be admissible in evidence in any such proceedings: (Amended L.N. 386 of 1993)
Provided that nothing in this section shall be taken to prohibit the production of such evidence as may be necessary for the purpose of any proceedings instituted for an offence against this Ordinance.

26. Regulations
(1) The Chief Executive in Council may by regulations provide for the better carrying out of the provisions of this Ordinance. (Amended 31 of 1999 s. 3)
(2) Regulations made under this section may provide that a contravention of any specified provision of such regulations shall be an offence and may prescribe penalties therefor not exceeding a fine at level 1. (Amended E.R. 3 of 2022)

27. Amendment of Schedule
The Chief Executive may, by order in the Gazette, amend the Schedule.
(Amended 31 of 1999 s. 3)

28. Repeal and transitional
(1) The Census Ordinance (Cap. 316, 1964 R. Ed.) is repealed.
(2) This Ordinance shall apply in relation to information obtained in the course of a census taken under the Census Ordinance (Cap. 316, 1964 R. Ed.) as it applies in relation to information obtained in the course of a statistical inquiry carried out under this Ordinance.
(3) Any census directed to be taken under the Census Ordinance (Cap. 316, 1964 R. Ed.) which is not completed prior to the commencement# of this Ordinance may be continued and completed in all respects after the commencement of this Ordinance as if it had been directed to be carried out by an order under section 11.

Editorial Note:
# Commencement date: 26 May 1978.

### Census and Statistics (Quarterly Survey of Industrial Production) Order 《普查及統計(工業生產按季調查)令》

1. Citation
This Order may be cited as the Census and Statistics (Quarterly Survey of Industrial Production) Order.
(E.R. 6 of 2022)

2. Interpretation
In this Order, unless the context otherwise requires— (E.R. 6 of 2022)
industrial production (工業生產) means any of the following—
(a) the manufacturing, processing, assembling, altering, cleaning, repairing, ornamenting, packing, printing, publishing, finishing or breaking up of any article or material;
(b) the fabricating or repairing of any industrial, commercial or similar machinery or equipment;
(c) the manufacturing, renovating or repairing of any transport equipment; (L.N. 521 of 1995)

industrial undertaking (工業經營) means any undertaking engaged in industrial production;
survey (調查) means the statistical survey referred to in paragraph 3;
survey period (調查期) means the survey period specified under paragraph 6.

3. Quarterly survey of industrial production
A statistical survey shall be carried out by the Commissioner in respect of industrial undertakings in Hong Kong for the purpose of compiling statistics relating to industrial production thereof in the survey period. This survey shall be repeated 4 times in every year.

4. Particulars required to be given
For the purpose of a survey, the particulars specified in the Schedule shall be given in respect of industrial undertakings for the survey period and shall, within one month after the survey period, be furnished to the Commissioner in accordance with such form of questionnaire as the Commissioner may issue for that purpose.

5. Persons required to give particulars
The particulars required to be given under paragraph 4 in respect of an industrial undertaking shall be given—
(a) in the case of an industrial undertaking which is a body corporate, by a director, secretary or other person concerned in the management thereof;
(b) in the case of an industrial undertaking which is a partnership, by any partner thereof;
(c) in any other case, by the proprietor of the industrial undertaking.

6. The survey period
For the purposes of this Order, the survey period shall be any such period of 3 consecutive months as the Commissioner may specify from time to time in the schedule designed for the survey.
(E.R. 6 of 2022)

7. Sampling methods may be used
The use of sampling methods for the collection of particulars relevant to the survey is hereby authorized.
(L.N. 521 of 1995)

8. Application of Order in certain cases
(E.R. 6 of 2022)This Order shall apply in relation to an industrial undertaking notwithstanding that it commenced business after the commencement of a survey period or ceased to carry on business during that period.
(E.R. 6 of 2022)

### Census and Statistics (Quarterly Survey of Industrial Production) Order 《普查及統計(工業生產按季調查)令》

9. Date of destruction of schedules
All completed schedules collected or received by census officers for a survey and all copies thereof shall be destroyed not later than 24 months after the relevant survey period.

### Census and Statistics (Monthly Survey of Retail Sales) Order 《普查及統計(零售業銷貨額按月調查)令》

1. Citation
This Order may be cited as the Census and Statistics (Monthly Survey of Retail Sales) Order.
(E.R. 6 of 2022)

2. Interpretation
In this Order, unless the context otherwise requires— (E.R. 6 of 2022)
retail trade (零售貿易) includes the business of hiring or renting goods;
survey (調查) means the statistical survey referred to in paragraph 3;
trading establishment (貿易機構) means any undertaking engaged in the retail trade;
value of sales of goods (銷貨價值) includes goods sold on own account and on account of others, irrespective of whether the sales are in cash or on credit.

3. Survey of monthly retail sales
Statistical survey shall be carried out by the Commissioner each month of every year in respect of trading establishments in Hong Kong for the purpose of compiling statistics relating to monthly retail sales.

4. Particulars required to be given
For the purpose of every survey, the particulars specified in the Schedule shall be given in respect of trading establishments on a monthly basis and shall, not later than the last day of the month following the relevant month, be furnished to the Commissioner in accordance with such form of questionnaire as the Commissioner may issue for that purpose.

5. Persons required to give particulars
The particulars required to be given under paragraph 4 in respect of a trading establishment shall be given—
(a) in the case of a trading establishment which is a body corporate, by a director, secretary or other person concerned in the management thereof;
(b) in the case of a trading establishment which is a partnership, by any partner thereof;
(c) in any other case, by the proprietor of the trading establishment.

6. Sampling methods may be used
The use of sampling methods for the collection of particulars relevant to the survey is hereby authorized.
(L.N. 520 of 1995)

7. Date for destruction of schedules
All completed schedules collected or received by census officers for a survey and all copies thereof shall be destroyed within 2 years after the survey month.