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

9. Staff of Commissioner, etc.
(1) The Commissioner may—
(a) employ such persons (including technical and professional persons); and
(b) engage, other than by way of employment, such technical and professional persons,

as he thinks fit to assist him in the performance of his functions, and the exercise of his powers, under this Ordinance.
(2) The Commissioner shall determine—
(a) the remuneration and terms and conditions of employment of any person, or any person belonging to a class of persons, who may be employed under subsection (1)(a);
(b) the remuneration and terms and conditions of engagement of any person, or any person belonging to a class of persons, who may be engaged under subsection (1)(b).
(3) The Commissioner may—
(a) grant, or make provision for the grant of, pensions, gratuities and retirement benefits to employees;
(b) provide other benefits for the welfare of employees and their dependants;
(c) authorize payments, whether or not legally due, to the personal representatives of a deceased employee or to any person who was dependent on such employee at his death.
(4) The Commissioner may—
(a) establish, manage and control; or
(b) enter into an arrangement with any company or association for the establishment, management and control by that company or association either alone or jointly with the Commissioner of,

any fund or scheme for the purpose of providing for the pensions, gratuities, benefits and payments referred to in subsection (3).
(5) The Commissioner may make contributions to and may require employees to make contributions to any fund or scheme referred to in subsection (4).
(6) In this section employees (僱員) includes any class of employee which the Commissioner specifies and in subsection (3) includes former employees.

10. Delegations by Commissioner
(1) Subject to subsection (2), the Commissioner may delegate in writing any of his functions or powers under this Ordinance to any prescribed officer subject to such terms and conditions, if any, as he thinks fit and specified in the delegation.
(2) The Commissioner shall not delegate any of his functions or powers under—
(a) subsection (1);
(b) any provisions of any regulations made under this Ordinance which are specified in the regulations as provisions which shall not be subject to subsection (1);
(c) any provisions of Schedule 2 which are specified in that Schedule as provisions which shall not be subject to subsection (1).
(3) A delegate of the Commissioner—
(a) shall perform the delegated functions and may exercise the delegated powers as if the delegate were the Commissioner; and
(b) shall be presumed to be acting in accordance with the relevant delegation in the absence of evidence to the contrary.

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

11. Establishment of Personal Data (Privacy) Advisory Committee
(1) There is hereby established a committee by the name of the Personal Data (Privacy) Advisory Committee for the purpose of advising the Commissioner upon any matter relevant to the privacy of individuals in relation to personal data or otherwise relevant to the operation of this Ordinance.
(2) The Committee shall consist of—
(a) the Commissioner, who shall be the chairman; and
(b) not less than 4 or more than 8 other persons, appointed by the Secretary for Constitutional and Mainland Affairs, of whom—
(i) not less than 1 shall have not less than 5 years’ experience in the processing of data; and
(ii) not more than 1 shall be a public officer.
(3) The members of the Committee appointed under subsection (2)(b) shall hold office for such period and upon such terms as the Secretary for Constitutional and Mainland Affairs specifies in their respective appointments or from time to time.
(4) A member of the Committee appointed under subsection (2)(b) may resign at any time by notice in writing delivered to the Secretary for Constitutional and Mainland Affairs.
(5) The Committee may regulate its procedure.
(Amended L.N. 130 of 2007)

11A. Immunity
(1) No civil liability is incurred by the person appointed to be the Commissioner under section 5(3) or a prescribed officer in respect of anything done or omitted to be done by the person or officer in good faith in the performance or purported performance of any function, or the exercise or purported exercise of any power, imposed or conferred on the Commissioner or officer under this Ordinance.
(2) The protection conferred under subsection (1) on any person in respect of anything done or omitted to be done does not in any way affect the civil liability of the Commissioner as a corporation sole for that thing.
(Added 18 of 2012 s. 5)

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

13. Use of approved codes of practice in proceedings under this Ordinance
(1) A failure on the part of any data user to observe any provision of an approved code of practice shall not of itself render the data user liable to any civil or criminal proceedings but where in any proceedings under this Ordinance a data user is alleged to have contravened a requirement under this Ordinance, being a requirement for which there was an approved code of practice at the time of the alleged contravention, subsection (2) shall have effect with respect to such code in relation to those proceedings.
(2) Any provision of a code of practice which appears to a specified body to be relevant to a requirement under this Ordinance alleged to have been contravened shall be admissible in evidence in the proceedings under this Ordinance concerned and if it is proved that there was at any material time a failure to observe any provision of the code which appears to that body to be relevant to any matter which it is necessary to prove in order to establish a contravention of such requirement, that matter shall be taken as proved in the absence of evidence that such requirement was in respect of that matter complied with otherwise than by way of observance of that provision.
(3) In any proceedings under this Ordinance, a code of practice which appears to a specified body to be the subject of a notice under section 12 shall be taken to be the subject of such notice in the absence of evidence to the contrary.
(4) In this section—
proceedings under this Ordinance (根據本條例進行的法律程序) includes any criminal proceedings where a data user is alleged to have committed an offence by reason of a contravention of a requirement under this Ordinance;
specified body (指明當局) means—
(a) a magistrate;
(b) a court; (Amended 18 of 2012 s. 6)
(c) the Administrative Appeals Board; or (Amended 18 of 2012 s. 6)
(d) the chairman of the Administrative Appeals Board. (Added 18 of 2012 s. 6)