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

66G. Powers exercisable in relation to premises and electronic devices
(1) If a magistrate is satisfied by information on oath by the Commissioner or any prescribed officer that there are reasonable grounds for suspecting—
(a) that an offence under section 64(1), (3A) or (3C), 66E(1) or (5), 66I(1) or 66O(1) has been, is being or is about to be committed; and
(b) that—
(i) there is in any premises any material that is or contains evidence for the purposes of a specified investigation; or
(ii) any material that is or contains evidence for the purposes of a specified investigation is stored in an electronic device,
the magistrate may issue a warrant (warrant

66H. Powers to stop, search and arrest persons
(1) An authorized officer may, without warrant, stop, search and arrest any person whom the officer reasonably suspects of having committed an offence under section 64(1), (3A) or (3C), 66E(1) or (5), 66I(1) or 66O(1).
(2) If any person resists, or attempts to evade, a search or arrest effected under subsection (1), the authorized officer may use any force that is reasonable in the circumstances to effect the search or arrest.
(3) If an authorized officer has arrested a person (arrested person

66I. Offence in relation to sections 66G and 66H
(1) A person commits an offence if, when any power is being exercised under section 66G or 66H, the person, without lawful excuse, obstructs, hinders or resists—
(a) the Commissioner;
(b) a prescribed officer;
(c) a person authorized by the Commissioner for the purposes of section 66H; or
(d) a person assisting the Commissioner or a prescribed officer.
(2) A person who commits an offence under subsection (1) is liable on conviction to a fine at level 3 and to imprisonment for 6 months.
(3) In criminal proceedings for an offence under subsection (1)—
(a) the burden of establishing that a person has a lawful excuse referred to in subsection (1) lies on the person; and
(b) the person is taken to have established that the person had such a lawful excuse if—
(i) there is sufficient evidence to raise an issue that the person had such a lawful excuse; and
(ii) the contrary is not proved by the prosecution beyond reasonable doubt.

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

66J. Interpretation of Division 4 of Part 9A
In this Division—
cessation action (停止披露行動)—see section 66L;
cessation notice (停止披露通知) means a notice served under section 66M(1) or (2);
electronic message (電子訊息) includes—(a) a text, voice, sound, image or video message in electronic form; and
(b) a message in electronic form combining text, voice, sound, images or video;

subject disclosure (標的披露)—see section 66K;
subject message (標的訊息) means a written message or electronic message by means of which a subject disclosure is made (whether or not the message exists in Hong Kong);
written message (書面訊息) includes—(a) a text or image message in writing; and
(b) a message in writing combining text and images.

66K. Meaning of subject disclosure

66L. Meaning of cessation action

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

66M. Service of cessation notice
(1) If the Commissioner has reasonable ground to believe that—
(a) there is a subject message; and
(b) a Hong Kong person is able to take a cessation action (whether or not in Hong Kong) in relation to the message,
the Commissioner may serve a written notice on the person directing the person to take the cessation action.
(2) In addition, if the Commissioner has reasonable ground to believe that—
(a) there is a subject message that is an electronic message; and
(b) a non-Hong Kong service provider is able to take a cessation action (whether or not in Hong Kong) in relation to the message,
the Commissioner may serve a written notice on the provider directing the provider to take the cessation action.
(3) The cessation notice must—
(a) state the Commissioner’s belief mentioned in subsection (1) or (2) and the ground for that belief;
(b) identify, in so far as reasonably practicable, the subject message in a way that is sufficient to enable the cessation action to be taken;
(c) specify the cessation action that must be taken;
(d) specify the date on or before which the cessation action must be taken; and
(e) be accompanied by a copy of this section and sections 66N and 66O.
(4) The Commissioner may cancel a cessation notice by serving a written notice on the person on whom the cessation notice is served.
(5) In this section—
Hong Kong person (香港人士) means—(a) an individual who is present in Hong Kong; or
(b) a body of persons that—
(i) is incorporated, established or registered in Hong Kong; or
(ii) has a place of business in Hong Kong;

non-Hong Kong service provider (非港人服務提供者) means a person (not being a Hong Kong person) that has provided or is providing any service (whether or not in Hong Kong) to any Hong Kong person.

66N. Appeal against cessation notice
(1) Within 14 days after the date on which a cessation notice is served on a person, an appeal may be made to the Administrative Appeals Board against the notice by—
(a) that person; or
(b) any other person who is affected by the notice.
(2) The appeal does not affect the operation of the cessation notice.

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

66O. Offence relating to cessation notice
(1) If a person on whom a cessation notice is served contravenes the notice, the person commits an offence and is liable—
(a) on a first conviction—to a fine at level 5 and to imprisonment for 2 years and, in the case of a continuing offence, to a further fine of $1,000 for every day during which the offence continues; and
(b) on each subsequent conviction—to a fine at level 6 and to imprisonment for 2 years and, in the case of a continuing offence, to a further fine of $2,000 for every day during which the offence continues.
(2) It is a defence for a person charged with an offence under subsection (1) in respect of a cessation notice to establish that—
(a) the person had a reasonable excuse for contravening the cessation notice; or
(b) without limiting paragraph (a), it was not reasonable to expect the person to comply with the cessation notice—
(i) having regard to the nature, difficulty or complexity of the cessation action concerned;
(ii) because the technology necessary for complying with the cessation notice was not reasonably available to the person; or
(iii) because there was a risk of incurring substantial loss to, or otherwise substantially prejudicing the right of, a third party.
(3) The person is taken to have established a matter that needs to be established for the purpose of a defence under subsection (2) if—
(a) there is sufficient evidence to raise an issue with respect to the matter; and
(b) the contrary is not proved by the prosecution beyond reasonable doubt.

66P. Immunity from civil liability
A person who complies with a cessation notice served on the person does not incur any civil liability, whether arising in contract, tort, equity or otherwise, to another person only because of that compliance.

66Q. Injunctions
(1) The Court of First Instance (Court

66R. Commissioner and others to maintain secrecy
(1) Subject to subsections (2) and (3), the following person (person concerned

66S. Complainant to be informed of result of specified investigation
After having completed a specified investigation initiated by a complaint, the Commissioner must, in the manner and at the time that the Commissioner considers appropriate, inform the complainant of—
(a) the result of that investigation; and
(b) any other matters arising from that investigation that the Commissioner considers appropriate.