### Disability Discrimination Ordinance 《殘疾歧視條例》

86. Regulations to empower Commission to bring certain proceedings*
(1) The Secretary for Labour and Welfare may make regulations— (Amended L.N. 106 of 2002; L.N. 130 of 2007)
(a) where any person may bring proceedings under section 72(1) but has not done so, empowering the Commission, in such circumstances as are specified in the regulations, to bring and maintain those proceedings as if the Commission were that person;
(b) specifying which of the remedies referred to in section 72(3) shall be obtainable by the Commission in any such proceedings;
(c) for the purposes of enabling the Commission to bring and maintain any such proceedings (including any related purposes), specifying modifications to which any provisions of this Ordinance (including any subsidiary legislation) shall be read.
(2) Any regulations made under this section shall be subject to the approval of the Legislative Council.
(3) This section is without prejudice to the Commission’s power to bring proceedings by way of judicial review, in relation to this Ordinance or any other law, pursuant to its functions under section 62(1). (Added 71 of 1997 s. 14)

Editorial Note:

* For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution. 

87. Amendment of Schedules*
(1) The Secretary for Labour and Welfare may, by notice in the Gazette, amend Schedule 1 or 2. (Amended L.N. 106 of 2002; L.N. 130 of 2007)
(2) The Chief Executive in Council may, by notice in the Gazette, amend Schedule 3, 4 or 5 but any notice to amend Schedule 5 shall be subject to the approval of the Legislative Council. (Amended 66 of 1999 s. 3)

Editorial Note:

* For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution. 

### Personal Data (Privacy) Ordinance 《個人資料(私隱)條例》

1. Short title and commencement
(1) This Ordinance may be cited as the Personal Data (Privacy) Ordinance.
(2) This Ordinance shall come into operation on a day to be appointed by the Secretary for Constitutional and Mainland Affairs by notice in the Gazette. (Amended L.N. 130 of 2007)

### Personal Data (Privacy) Ordinance 《個人資料(私隱)條例》

3. Application
(1) This Ordinance binds the Government.
(2) (*Not adopted as the laws of HKSAR)

4. Data protection principles
A data user shall not do an act, or engage in a practice, that contravenes a data protection principle unless the act or practice, as the case may be, is required or permitted under this Ordinance.

5. Establishment, etc. of Privacy Commissioner for Personal Data
(1) For the purposes of this Ordinance, there is hereby established an office by the name of the Privacy Commissioner for Personal Data.
(2) The Commissioner shall be a corporation sole with perpetual succession and—
(a) shall have and may use a seal; and
(b) shall be capable of suing and being sued.
(3) The Chief Executive shall, by notice in the Gazette, appoint a person to be the Commissioner. (Amended 34 of 1999 s. 3)
(4) Subject to subsection (5), the person appointed to be the Commissioner shall hold office for a period of 5 years and shall be eligible for reappointment for not more than 1 further period of 5 years.
(5) The person appointed to be the Commissioner may—
(a) at any time resign from his office by notice in writing to the Chief Executive; or
(b) be removed from office by the Chief Executive with the approval by resolution of the Legislative Council on the ground of—
(i) inability to perform the functions of his office; or
(ii) misbehaviour. (Amended 34 of 1999 s. 3)
(6) The Chief Executive shall determine— (Amended 34 of 1999 s. 3)
(a) the emoluments; and
(b) the terms and conditions of appointment,

of the person appointed to be the Commissioner.
(7) The provisions of Schedule 2 shall have effect with respect to the Commissioner.
(8) Subject to subsection (9), the Commissioner shall not be regarded as a servant or agent of the Government or as enjoying any status, immunity or privilege of the Government.
(9) The person appointed to be the Commissioner shall be deemed to be a public servant—
(a) within the meaning of section 2 of the Prevention of Bribery Ordinance (Cap. 201); and
(b) for the purposes of that Ordinance.

6. Commissioner to hold no other office
The person appointed to be the Commissioner shall not, without the specific approval of the Chief Executive— (Amended 34 of 1999 s. 3)
(a) hold any office of profit other than his office as Commissioner; or
(b) engage in any occupation for reward outside the functions of his office.

### Personal Data (Privacy) Ordinance 《個人資料(私隱)條例》

7. Filling of temporary vacancy
(1) Where the person appointed to be the Commissioner—
(a) dies;
(b) resigns;
(c) is removed from office;
(d) is absent from Hong Kong; or
(e) is for any other reason unable to perform the functions of his office,

then the Chief Executive may, by notice in writing, appoint a person to act as the Commissioner until, as the case requires— (Amended 34 of 1999 s. 3)
(i) a new Commissioner is appointed under section 5(3); or
(ii) the Commissioner resumes his office.
(2) A person appointed under subsection (1) to act as the Commissioner, whilst he is so appointed—
(a) shall perform the functions; and
(b) may exercise the powers,

of the Commissioner under this Ordinance.
(3) Section 6 shall apply to a person appointed under subsection (1) to act as the Commissioner as if that person were the Commissioner.