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General Information

GDP USD290.9bn (World ranking 38, World Bank 2014)
Population 7.2 million (World ranking 99, World Bank 2014)
Form of state Limited Democracy
Head of government LEUNG Chun-ying (nonpartisan)
Next elections 2016, legislative

 

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PRODUCTS IN HONG KONG

Data Protection

Hong Kong

Contribution Details

Matthew Glynn

Partner – Head of iPT Asia

Managing Director and Country Managing Partner – Singapore

Arthur Cheuk

Associate

Law

The Personal Data (Privacy) Ordinance (Cap. 486) (“Ordinance”) regulates the collection and handling of personal data. Enforcement is through the Office of the Privacy Commissioner for Personal Data (“PCPD”)

The Ordinance was recently amended by the Personal Data (Privacy) (Amendment) Bill (“Bill”) in July 2012. Most of the amendments introduced by the Bill came into force on 1 October 2012. However, two major areas, namely new restrictions against the use and provision of personal data in direct marketing and new powers of the PCPD to provide legal assistance to persons in civil proceedings, are not in force at the time of writing (but are expected to come into force in 2013).

Definition of Personal Data

“Personal Data” is defined in the Ordinance as any data:

  • relating directly or indirectly to a living individual;
  • from which it is practicable for the identity of the individual to be directly or indirectly
  • Ascertained; and
  • in a form in which access to or processing to the data is practicable.

Definition of Sensitive Personal Data

The concept of sensitive personal data does not apply in Hong Kong.

National Data Protection Authority

The office of the Privacy Commissioner for Personal Data

12/F, 248 Queen’s road East

Wan chai

Hong Kong

The PCPD is responsible for overseeing compliance with the Ordinance.

Registration

Currently, there is no requirement for the registration of data users in Hong Kong.

However, under the Ordinance the PCPD has the power to specify certain classes of data users to whom registration and reporting obligations apply. Under the Data User Return Scheme (“DURS”), data users belonging to the specified classes are required to submit data returns containing prescribed information to the PCPD, which will compile them into a central register accessible by the public. However, at the time of writing, no register has been created to date. The PCPD has proposed to implement the DURS in phases, with the initial phase covering data users from the following sectors and industries:

  • the public sector;
  • Banking, insurance and telecommunications industries; and
  • organizations with a large database of members (e.g. customer loyalty schemes).

A public consultation for the DURS by the PCPD was concluded in September 2011. The PCPD had originally planned to implement the DURS in the second half of 2013 but the exact time-frame for implementation has yet to be announced.

Data Protection officers

Currently, there is no requirement for data users to appoint a data protection officer in Hong Kong.

Collection and Processing

A data user may collect personal data from data subjects if:

  • the personal data is related to a function of the data user;
  • the collection is necessary, lawful and fair;
  • the data collected is not excessive; and
  • the data user has been informed of the following:
  • whether the provision of personal data by data subjects is mandatory and the consequence(s) for not supplying the data;
  • the purposes for which the data will be used;
  • the persons to whom the data may be transferred;
  • the data subjects’ right to request for access and/or correction their personal data; and
  • the contact details of the person to whom requests for access or correction should be sent. Data users may only use and process personal data for purposes for which the data was collected. Any usage of personal data for new purposes requires the prescribed consent of the data subject concerned.

Transfer

Data users may not transfer personal data to third parties, unless the data subjects have been

informed of the following before their personal data was collected:

  • that their personal data may be transferred; and
  • the classes of persons to whom the data may be transferred.

There are currently no restrictions for transfer of personal data outside of Hong Kong. Although such restrictions are set out in the Ordinance, they are currently not in force.

Security

Data users are required by the Ordinance to take all practicable steps to protect personal data against unauthorized or accidental access or loss. The steps which are considered appropriate depend on the nature of the personal data and the harm that could result if data breaches or leaks were to occur.

Under the new amendments to the Ordinance, where the data user engages a data processor to

process personal data on its behalf, the data user must use contractual or other means to:

  • prevent unauthorized or accidental access, processing, erasure, loss of use of the personal data; and
  • ensure that the data processor does not retain the personal data for longer than necessary.

Breach Notification

Currently, there is no mandatory requirement for data users to notify authorities or data subjects about data breaches in Hong Kong.

Enforcement

The PCPD is responsible for enforcing the Ordinance. If a data user is found to have contravened the data protection principles of the Ordinance, the PCPD may issue an enforcement notice requiring the data user to take steps to rectify the contravention. Failure to abide by the enforcement notice is a criminal offence, punishable by a fine of up to HK$ 50,000 and imprisonment for up to 2 years. In the case of subsequent convictions, additional and more severe penalties apply. Contravention of other requirements of the Ordinance is also an offence.

In particular, breach of new provisions relating to direct marketing (which at the time of writing has yet to come into effect) is punishable by a fine of HK$ 1,000,000 and imprisonment of up to

5 years, depending on the nature of the breach.

In addition to criminal sanctions, data subjects aggrieved by contravention of the Ordinance may also seek compensation from the data user through civil action.

Electronic Marketing

The Ordinance was amended in 2012 to include, amongst other things, provisions regulating the

use and provision of personal data for purposes of direct marketing which may be conducted

by any means (electronic or otherwise). These provisions are expected to come into effect some time in 2013.

The new amendments generally require data users who wish to either use or provide personal data for direct marketing purposes to make specific disclosures to the data subjects and obtain consents for such actions. The disclosures include:

  • a statement of intention to use/provide their personal data for direct marketing;
  • a statement that the data user may not use/provide the personal data without the data subjects’ consent;
  • a dedicated channel via which the data subjects may give such consent;
  • the kind(s) of personal data to be used/provided;
  • the class(es) of persons to whom the personal data may be provided;
  • the class(es) of goods/services to be direct marketed; and
  • a statement that the personal data may be provided for gain, if applicable.

Furthermore, if the consent was given orally, data users have the additional obligation to send a written confirmation to the data subject confirming the particulars of the consent received.

In addition, when data users use personal data for the purposes of direct marketing for the first time, they must inform the subjects that they may opt-out at any time, free of charge.

Online Privacy (including Cookies and Location Data)

The principles as stated in the Ordinance also apply in the online environment. For example, under the Ordinance, data users have the obligation to inform data subjects of the purposes for collecting their personal data. If a website uses cookies to collect personal data from its visitors, this should be made known to them. Data users should also inform the visitors whether and how non-acceptance of the cookies will affect the functionality of the website.

7. Corrupt conduct to bribe candidates or prospective candidates

(1) A person engages in corrupt conduct at an election if the person—

(a) Offers an advantage to another person as an inducement for the other person—

(i) To stand, or not to stand, as a candidate at the election; or

(ii) If the other person has been nominated as a candidate at the election, to withdraw the nomination; or

(b) Offers an advantage to another person as a reward—

(i) For having stood, or not stood, as a candidate at the election; or

(ii) If the other person was nominated as a candidate at the election, for having withdrawn the nomination; or

(c) offers an advantage to another person as an inducement to the person to get, or try to get, a third person—

(i) To stand, or not to stand, as a candidate at the election; or

(ii) If the third person has been nominated as a candidate at the election, to withdraw the nomination; or

(d) Offers an advantage to another person as a reward for having got, or having tried to get, a third person—

(i) To stand, or not to stand, as a candidate at the election; or

(ii) If the third person was nominated as a candidate at the election, to withdraw the nomination; or

(e) Solicits or accepts an advantage as an inducement—

(i) To stand, or not to stand, as a candidate at the election; or

(ii) Having been nominated as a candidate at the election, to withdraw the nomination; or

(f) Solicits or accepts an advantage as a reward—

(i) For having stood, or not stood, as a candidate at the election; or

(ii) If the person was nominated as a candidate at the election, for having withdrawn the nomination; or

(g) Solicits or accepts an advantage as an inducement to get, or try to get, another person—

(i) To stand, or not to stand, as a candidate at the election; or

(ii) If the other person has been nominated as a candidate at the election, to withdraw the nomination; or

(h) Solicits or accepts an advantage as a reward for having got, or having tried to get, another person—

(i) To stand, or not to stand, as a candidate at the election; or

(ii) If the other person was nominated as a candidate at the election, to withdraw the nomination.

(2) For the purposes of this section—

(a) A person offers an advantage if the person confers, undertakes to confer or shows a willingness to confer, an advantage on another person; and

(b) a person solicits an advantage if the person asks for, or shows a willingness to receive, an advantage, either for the person’s own benefit or for the benefit of another person; and

(c) a person accepts an advantage if the person receives or obtains an advantage, or agrees to receive or obtain an advantage, either for the person’s own benefit or for the benefit of another person.

(3) For the purposes of this section, a person is taken to have offered an advantage even though the offer was made by another person, but only if the other person was acting with the person’s authority. That authority may be conferred expressly or by implication.

8. Corrupt conduct to use or threaten to use force or duress against candidates or prospective candidates:

(1) A person engages in corrupt conduct at an election if the person—

(a) Uses force or duress, or threatens to use force or duress, against another person to induce the other person—

(i) To stand, or not to stand, as a candidate at the election; or

(ii) If the other person has been nominated as a candidate at the election, to withdraw the nomination; or

(b) uses force or duress, or threatens to use force or duress, against another person to induce the other person to get a third person—

(I) to stand, or not to stand, as a candidate at the election; or

(ii) If the third person has been nominated as a candidate at the election, to withdraw the nomination; or

(c) Uses force or duress, or threatens to use force or duress, against another person because the other person or a third person—

(i) Stood, or did not stand, as a candidate at the election; or

(ii) If the other person or the third person has been nominated as a candidate at the election, withdrew the nomination.

(2) A person is taken to have engaged in corrupt conduct of a kind referred to in subsection (1) even though the conduct was engaged in by another person, but only if the other person was acting with the person’s authority. That authority may be conferred expressly or by implication.

9. Corrupt conduct to engage in certain deceptive behavior in relation to candidates and prospective candidates:

(1) A person engages in corrupt conduct at an election if the person—

(a) By a deception, induces another person—

(i) To stand, or not to stand, as a candidate at the election; or

(ii) If the other person has been nominated as a candidate at the election, to withdraw the nomination; or

(b) By a deception, induces another person to get a third person—

(i) To stand, or not to stand, as a candidate at the election; or

(ii) If the third person has been nominated as a candidate at the election, to withdraw the nomination.

(2) A person is taken to have engaged in corrupt conduct of a kind referred to in subsection (1) even though the conduct was engaged in by another person, but only if the other person was acting with the person’s authority. That authority may be conferred expressly or by implication.

(Adopted on:14 May 1971)

Part I Preliminary

Cap 201 Long title

To make further and better provision for the prevention of bribery and for purposes necessary thereto or connected therewith.

Cap 201 s 1 Short title

This Ordinance may be cited as the Prevention of Bribery Ordinance.

Cap 201 s 2 Interpretations

(1) In this Ordinance, unless the context otherwise requires-

“Advantage” means-

(a) any gift, loan, fee, reward or commission consisting of money or of any valuable security or of other property or interest in property of any description;
(b) any office, employment or contract;
(c) any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;
(d) any other service, or favor (other than entertainment), including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted;
(e) the exercise or forbearance from the exercise of any right or any power or duty; and
(f) any offer, undertaking or promise, whether conditional or unconditional, of any advantage within the meaning of any of the preceding paragraphs (a), (b), (c), (d) and (e),but does not include an election donation within the meaning of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554), particulars of which are included in an election return in accordance with that Ordinance; (Amended 33 of 1991 s. 2; 10 of 2000 s. 47)

“agent” includes a public servant and any person employed by or acting for another;
“banker’s books” means-

(a) any ledger, ledger card, statement of account, day book, cash book, account book or other book or document whatsoever;
(b) any cherub, voucher, record card, report, letter or other document whatsoever; and
(c) any copy of anything referred to in paragraph (a) or (b), used in the ordinary business of a bank; (Replaced 28 of 1980 s. 2)

“child” includes a child who is illegitimate or adopted, a foster child and a step-child;
“Commissioner” means the Commissioner of the Independent Commission Against Corruption appointed in accordance with the Basic Law and includes the Deputy Commissioner appointed under section 6 of the Independent Commission Against Corruption Ordinance (Cap 204) and the person appointed to act as the Commissioner of the Independent Commission Against Corruption under section 7(2) of that Ordinance; (Replaced 1 of 2003 s. 3)
“company books” means the annual return and balance sheets and any ledger, day book, cash book, account book, bank book, report, letter or other book or document used in the ordinary business of a company; (Amended 28 of 1980 s. 2)
“court” includes a magistrate hearing proceedings with a view to committal for trial under section 85 of the Magistrates Ordinance (Cap 227);
“document” includes any register, book, record, tape-recording, any form of computer input or output, and any other material (whether produced mechanically, electrically, or manually or by any other means whatsoever); (Added 28 of 1980 s. 2)
“entertainment” means the provision of food or drink, for consumption on the occasion when it is provided, and of any other entertainment connected with, or provided at the same time as, such provisions;
“investigating officer” means any person authorized by the Commissioner to exercise the powers of an investigating officer under this Ordinance; (Added 9 of 1974 s. 2)
“parents” includes parents-in-law and step-parents;
“prescribed officer” means-

(a) Any person holding an office of emolument, whether permanent or temporary, under the Government; and
(b) the following persons (to the extent that they are not persons included in paragraph (a))-

(I) any principal official of the Government appointed in accordance with the Basic Law;
(ii) the Monetary Authority appointed under section 5A of the Exchange Fund Ordinance (Cap 66) and any person appointed under section 5A(3) of that Ordinance;
(iii) Chairman of the Public Service Commission;
(iv) any member of the staff of the Independent Commission Against Corruption;
(v) any judicial officer holding a judicial office specified in Schedule 1 to the Judicial Officers Recommendation Commission Ordinance (Cap 92) and any judicial officer appointed by the Chief Justice, and any member of the staff of the Judiciary; (Added 14 of 2003 s. 13)

“Principal” includes-

(a) an employer;
(b) a beneficiary under a trust;
(c) a trust estate as though it were a person;
(d) any person beneficially interested in the estate of a deceased person;
(e) the estate of a deceased person as though it were a person; and
(f) in the case of an employee of a public body, the public body;

“Public body” means-

(a) the Government;
(b) the Executive Council;
(c) the Legislative Council;
(d) (Repealed 78 of 1999 s. 7)
(ad) any District Council; (Added 42 of 1981 s. 27. Amended 8 of 1999 s. 89)
(db) (Repealed 78 of 1999 s. 7)
(e) any board, commission, committee or other body, whether paid or unpaid, appointed by or on behalf of the Chief Executive or the Chief Executive in Council; and (Amended 1 of 2003 s. 3)
(f) any board, commission, committee or other body specified in Schedule 1; (Amended 20 of 1999 s. 2)

“Public servant” means any prescribed officer and also any employee of a public body and- (Amended 48 of 1996 s. 2; 14 of 2003 s. 13)

(a) In the case of a public body other than a body referred to in paragraph (a), (b) or (c) of this definition, any member of the public body; (Amended 20 of 1999 s. 2)
(a) in the case of a public body specified in Schedule 2-

(I) an office holder of the public body (other than an honorary office holder);
(ii) any member of any council, board, committee or other body of the public body which is vested with any responsibility for the conduct or management of the affairs of the public body; (Added 20 of 1999 s. 2)

(b) In the case of a public body which is a club or association, any member of the public body who-

(I) is an office holder of the body (other than an honorary office holder); or
(ii) is vested with any responsibility for the conduct or management of its affairs;

(c) in the case of a public body which is an educational institution established or continued in being by an Ordinance, any officer of the institution and, subject to subsection (3), any member of any council, board, committee or other body of the institution, which is itself a public body, or which-

(I) is established by or under the Ordinance relating to the institution;
(ii) is vested with any responsibility for the conduct or management of the affairs of the institution (not being affairs of a purely social, recreational or cultural nature); and
(iii) is not excluded under subsection (3),whether the employee, officer or member is temporary or permanent and whether paid or unpaid, but-
(A) the holding of a share by a person in a company which is a public body; or
(B) the entitlement of a person to vote at meetings of a club or association which is a public body, shall not of itself constitute that person a public servant; (Replaced 50 of 1987 s. 2)

“Spouse” includes a concubine.

(Amended 14 of 2003 s. 13)

(2) For the purposes of this Ordinance-

(a) a person offers an advantage if he, or any other person acting on his behalf, directly or indirectly gives, affords or holds out, or agrees, undertakes or promises to give, afford or hold out, any advantage to or for the benefit of or in trust for any other person;
(b) a person solicits an advantage if he, or any other person acting on his behalf, directly or indirectly demands, invites, asks for or indicates willingness to receive, any advantage, whether for himself or for any other person; and
(c) a person accepts an advantage if he, or any other person acting on his behalf, directly or indirectly takes, receives or obtains, or agrees to take, receive or obtain any advantage, whether for himself or for any other person.

(3) The Chief Executive may by notice in the Gazette- (Amended 1 of 2003 s. 3)

(a) exclude, for the purposes of the definition of “public servant” in subsection (1), any council, board, committee or other body of any educational institution specified in the notice;
(b) exclude from the definition of “public servant” any member of any council, board, committee or other body of any educational institution, who would otherwise by virtue of his membership thereof fall within that definition. (Added 50 of 1987 s. 2)

Part II Offences

Cap 201 s 3 Soliciting or accepting an advantage

Any prescribed officer who, without the general or special permission of the Chief Executive, solicits or accepts any advantage shall be guilty of an offence.

Cap 201 s 4 Bribery

(1) Any person who, whether in Hong Kong or elsewhere, without lawful authority or reasonable excuse, offers any advantage to a public servant as an inducement to or reward for or otherwise on account of that public servant’s- (Amended 28 of 1980 s. 3)

(a) performing or abstaining from performing, or having performed or abstained from performing, any act in his capacity as a public servant;
(b) expediting, delaying, hindering or preventing, or having expedited, delayed, hindered or prevented, the performance of an act, whether by that public servant or by any other public servant in his or that other public servant’s capacity as a public servant; or
(c) assisting, favoring, hindering or delaying, or having assisted, favored, hindered or delayed, any person in the transaction of any business with a public body, shall be guilty of an offence.
(2) Any public servant who, whether in Hong Kong or elsewhere, without lawful authority or reasonable excuse, solicits or accepts any advantage as an inducement to or reward for or otherwise on account of his- (Amended 28 of 1980 s. 3)

(a) performing or abstaining from performing, or having performed or abstained from performing, any act in his capacity as a public servant;
(b) expediting, delaying, hindering or preventing, or having expedited, delayed, hindered or prevented, the performance of an act, whether by himself or by any other public servant in his or that other public servant’s capacity as a public servant; or
(c) assisting, favoring, hindering or delaying, or having assisted, favored, hindered or delayed, any person in the transaction of any business with a public body,

Shall be guilty of an offence.
(3) If a public servant other than a prescribed officer solicits or accepts an advantage with the permission of the public body of which he is an employee being permission which complies with subsection (4), neither he nor the person who offered the advantage shall be guilty of an offence under this section. (Added 28 of 1980 s. 3. Amended 14 of 2003 s. 15)
(4) for the purposes of subsection (3) permission shall be in writing and-

(a) be given before the advantage is offered, solicited or accepted; or
(b) in any case where an advantage has been offered or accepted without prior permission, be applied for and given as soon as reasonably possible after such offer or acceptance, and for such permission to be effective for the purposes of subsection (3), the public body shall, before giving such permission, have regard to the circumstances in which it is sought. (Added 28 of 1980 s. 3)

Cap 201 s 5 Bribery for giving assistance, etc. in regard to contracts

(1) Any person who, without lawful authority or reasonable excuse, offers an advantage to a public servant as an inducement to or reward for or otherwise on account of such public servant’s giving assistance or using influence in, or having given assistance or used influence in-

(a) The promotion, execution, or procuring of-

(I) any contract with a public body for the performance of any work, the providing of any service, the doing of any thing or the supplying of any article, material or substance, or
(ii) any subcontract to perform any work, provide any service, do any thing or supply any article, material or substance required to be performed, provided, done or supplied under any contract with a public body; or

(b) The payment of the price, consideration or other moneys stipulated or otherwise provided for in any such contract or subcontract as aforesaid, shall be guilty of an offence.
(2) Any public servant who, without lawful authority or reasonable excuse, solicits or accepts any advantage as an inducement to or reward for or otherwise on account of his giving assistance or using influence in, or having given assistance or used influence in-

(a) The promotion, execution or procuring of, or
(b) the payment of the price, consideration or other moneys stipulated or otherwise provided for in, any such contract or subcontract as is referred to in subsection (1) shall be guilty of an offence.

Cap 201 s 6 Bribery for procuring withdrawal of tenders

(1) Any person who, without lawful authority or reasonable excuse, offers any advantage to any other person as an inducement to or a reward for or otherwise on account of the withdrawal of a tender, or the refraining from the making of a tender, for any contract with a public body for the performance of any work, the providing of any service, the doing of any thing or the supplying of any article, material or substance, shall be guilty of an offence.
(2) Any person who, without lawful authority or reasonable excuse, solicits or accepts any advantage as an inducement to or a reward for or otherwise on account of the withdrawal of a tender, or the refraining from the making of a tender, for such a contract as is referred to in subsection (1), shall be guilty of an offence.

Cap 201 s 7 Bribery in relation to auctions

(1) Any person who, without lawful authority or reasonable excuse, offers any advantage to any other person as an inducement to or reward for or otherwise on account of that other person’s refraining or having refrained from bidding at any auction conducted by or on behalf of any public body, shall be guilty of an offence.
(2) Any person who, without lawful authority or reasonable excuse, solicits or accepts any advantage as an inducement to or reward for or otherwise on account of his refraining or having refrained from bidding at any auction conducted by or on behalf of any public body, shall be guilty of an offence.

Cap 201 s 8 Bribery of public servants by persons having dealings with public bodies

(1) Any person who, without lawful authority or reasonable excuse, while having dealings of any kind with the Government through any department, office or establishment of the Government, offers any advantage to any prescribed officer employed in that department, office or establishment of the Government, shall be guilty of an offence. (Amended 14 of 2003 s. 16)
(2) Any person who, without lawful authority or reasonable excuse, while having dealings of any kind with any other public body, offers any advantage to any public servant employed by that public body, shall be guilty of an offence.

Cap 201 s 9 corrupt transactions with agents

(1) Any agent who, without lawful authority or reasonable excuse, solicits or accepts any advantage as an inducement to or reward for or otherwise on account of his-

(a) doing or forbearing to do, or having done or forborne to do, any act in relation to his principal’s affairs or business; or
(b) showing or forbearing to show, or having shown or forborne to show, favor or disfavor to any person in relation to his principal’s affairs or business, shall be guilty of an offence.
(2) Any person who, without lawful authority or reasonable excuse, offers any advantage to any agent as an inducement to or reward for or otherwise on account of the agent’s-

(a) doing or forbearing to do, or having done or forborne to do, any act in relation to his principal’s affairs or business; or
(b) showing or forbearing to show, or having shown or forborne to show, favor or disfavor to any person in relation to his principal’s affairs or business, shall be guilty of an offence.
(3) Any agent who, with intent to deceive his principal, uses any receipt, account or other document-

(a) In respect of which the principal is interested; and
(b) which contains any statement which is false or erroneous or defective in any material particular; and
(c) which to his knowledge is intended to mislead the principal, shall be guilty of an offence.
(4) If an agent solicits or accepts an advantage with the permission of his principal, being permission which complies with subsection (5), neither he nor the person who offered the advantage shall be guilty of an offence under subsection (1) or (2). (Replaced 28 of 1980 s. 4)
(5) For the purposes of subsection (4) permission shall-

(a) be given before the advantage is offered, solicited or accepted; or
(b) in any case where an advantage has been offered or accepted without prior permission, be applied for and given as soon as reasonably possible after such offer or acceptance, and for such permission to be effective for the purposes of subsection (4), the principal shall, before giving such permission, have regard to the circumstances in which it is sought. (Added 28 of 1980 s. 4)

Cap 201 s 10 Possession of unexplained property

(1) Any person who, being or having been a prescribed officer- (Amended 14 of 2003 s. 17)

(a) maintains a standard of living above that which is commensurate with his present or past official emoluments; or
(b) is in control of pecuniary resources or property disproportionate to his present or past official emoluments,

Shall, unless he gives a satisfactory explanation to the court as to how he was able to maintain such a standard of living or how such pecuniary resources or property came under his control, be guilty of an offence.
(2) Where a court is satisfied in proceedings for an offence under subsection (1)(b) that, having regard to the closeness of his relationship to the accused and to other circumstances, there is reason to believe that any person was holding pecuniary resources or property in trust for or otherwise on behalf of the accused or acquired such resources or property as a gift from the accused, such resources or property shall, in the absence of evidence to the contrary, be presumed to have been in the control of the accused. (Added 9 of 1974 s. 3. Amended 48 of 1996 s. 3)
(3)-(4) (Repealed 56 of 1973 s. 2)
(5) in this section, “official emoluments” includes a pension or gratuity payable under the Pensions Ordinance (Cap 89), the Pension Benefits Ordinance (Cap 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap 401). (Amended 36 of 1987 s. 44; 85 of 1988 s. 51)

Cap 201 s 11 Giver and acceptor of bribe to be guilty notwithstanding that purpose not carried out, etc.

(1) If, in any proceedings for an offence under any section in this Part, it is proved that the accused accepted any advantage, believing or suspecting or having grounds to believe or suspect that the advantage was given as an inducement to or reward for or otherwise on account of his doing or forbearing to do, or having done or forborne to do, any act referred to in that section, it shall be no defense that-

(a) He did not actually have the power, right or opportunity so to do or forbear;
(b) he accepted the advantage without intending so to do or forbear; or
(c) he did not in fact so do or forbear.

(2) If, in any proceedings for an offence under any section in this Part, it is proved that the accused offered any advantage to any other person as an inducement to or reward for or otherwise on account of that other person’s doing or forbearing to do, or having done or forborne to do, any act referred to in that section, believing or suspecting or having reason to believe or suspect that such other person had the power, right or opportunity so to do or forbear, it shall be no defense that such other person had no such power, right or opportunity.

Cap 201 s 12 Penalty for offences

Remarks:
Adaptation amendments retroactively made – see 25 of 1998 s. 2; 1 of 2003 s. 3
(1) Any person guilty of an offence under this Part, other than an offence under section 3, shall be liable-

(a) On conviction on indictment-

(I) for an offence under section 10, to a fine of $1000000 and to imprisonment for 10 years;
(ii) for an offence under section 5 or 6, to a fine of $500000 and to imprisonment for 10 years; and
(iii) for any other offence under this Part, to a fine of $500000 and to imprisonment for 7 years; and (Replaced 50 of 1987 s. 3)

(b) On summary conviction-

(I) for an offence under section 10, to a fine of $500000 and to imprisonment for 3 years; and
(ii) for any other offence under this Part, to a fine of $100000 and to imprisonment for 3 years, (Replaced 50 of 1987 s. 3) and shall be ordered to pay to such person or public body and in such manner as the court directs, the amount or value of any advantage received by him, or such part thereof as the court may specify. (Amended 28 of 1980 s. 5)
(2) Any person guilty of an offence under section 3 shall be liable on conviction to a fine of $100000 and to imprisonment for 1 year, and shall be ordered to pay to the Government in such manner as the court directs the amount or value of the advantage received by him or such part thereof as the court may specify. (Amended 9 of 1974 s. 4; 28 of 1980 s. 5; 1 of 2003 s. 3)
(3) In addition to any penalty imposed under subsection (1), the court may order a person convicted of an offence under section 10(1) (b) to pay to the Government- (Amended 1 of 2003 s. 3)

(a) A sum not exceeding the amount of the pecuniary resources; or
(b) a sum not exceeding the value of the property, the acquisition of which by him was not explained to the satisfaction of the court. (Added 9 of 1974 s. 4)
(4) An order under subsection (3) may be enforced in the same manner as a judgment of the High Court in its civil jurisdiction. (Added 9 of 1974 s. 4. Amended 25 of 1998 s. 2)
(5) An order may be made under subsection (3) in respect of an offence under section 10(1)(b) where the facts that gave rise to that offence arose before 15 February 1974. (Added 61 of 1980 s. 2)

Cap 201 s 12A Conspiracy

(1) Any person convicted of conspiracy to commit an offence under this Part shall be dealt with and punished in like manner as if convicted of such offence and any rules of evidence which apply with respect to the proof of any such offence shall apply in like manner to the proof of conspiracy to commit such offence.
(2) The powers of investigation conferred by Part III of this Ordinance shall apply with respect to a conspiracy to commit an offence under this Ordinance in like manner as they apply to the investigation of any such offence.

(Added 28 of 1980 s. 6)

Cap 201 s 12AA Confiscation of assets

Remarks:
Adaptation amendments retroactively made – see 1 of 2003 s. 3
(1) Subject to this section, where a person is convicted on indictment of an offence under section 10(1) (b) the court may, in addition to any penalty imposed under section 12(1), order the confiscation of any pecuniary resources or property-

(a) Found at the trial to be in his control as provided in section 10; and
(b) of an amount or value not exceeding the amount or value of pecuniary resources or property the acquisition of which by him was not explained to the satisfaction of the court.

(2) Any application for an order under subsection (1) shall be made by the Secretary for Justice within 28 days after the date of the conviction. (Amended L.N. 362 of 1997)
(3) An order under subsection (1) shall not be made in respect of pecuniary resources or property held by a person other than the person convicted unless that other person has been given reasonable notice that such an order may be made and has had an opportunity to show cause why it should not be made.
(4) An order under subsection (1) shall not be made in respect of pecuniary resources or property held by a person other than the person convicted if that other person satisfies the court in any proceedings to show cause under subsection (3) that he had-

(a) Acted in good faith as regards the circumstances in which the pecuniary resources or property came to be held by him; and
(b) so acted in relation to the pecuniary resources or property that an order in the circumstances would be unjust.

(5) Nothing in subsection (4) shall be construed as limiting the court’s discretion to decline to make an order under subsection (1) on grounds other than those specified in subsection (4).
(6) An order under subsection (1)-

(a) may be made subject to such conditions as the court thinks fit in all the circumstances of the case; and
(b) may be made in respect of an offence under section 10(1) (b) where the facts that gave rise to that offence occurred before the date of commencement of the Prevention of Bribery (Amendment) Ordinance 1987 (50 of 1987).

(7) A court may make orders under both subsection (1) and section 12(3) in respect of the same offence but shall not make orders under both provisions in respect of the same pecuniary resources or property.
(8) An order under subsection (1) may make provision for taking possession of pecuniary resources or property to which the order applies and for the disposal of such resources or property by or on behalf of the Government. (Amended 1 of 2003 s. 3)

Cap 201 s 12AB Appeal against confiscation order

(1) Subject to this section, where an order is made under section 12AA in respect of pecuniary resources or property held by a person other than the person convicted, that other person may, within 28 days after the date of making the order, appeal against the order to the Court of Appeal.
(2) On an appeal under this section the Court of Appeal may-

(a) Confirm the order, with or without modification; or
(b) quash the order and make such other order (if any) under section 12AA as it thinks appropriate.

(3) Proceedings under this section shall not operate as a stay of execution of an order unless the court which makes the order or the Court of Appeal otherwise orders and any stay of execution may be subject to such conditions as to costs, the giving of security or otherwise as the court or the Court of Appeal thinks fit.
(4) Subject to this section, an appeal shall be brought in such manner and shall be subject to such conditions as are prescribed by rules made under subsection (5).
(5) The Criminal Procedure Rules Committee constituted under section 9 of the Criminal Procedure Ordinance (Cap 221) may make rules of procedure for the purposes of this section. (Amended 13 of 1995 s. 28)
(6) Nothing in this section shall prejudice or affect the right of a convicted person to appeal against his sentence under Part IV of the Criminal Procedure Ordinance (Cap 221).

Cap 201 s 12AC Costs in proceedings on confiscation order

Remarks:
Amendments retroactively made – see 25 of 1998 s. 2
(1) the court or the Court of Appeal, as the case may be, may, if it thinks fit, award to any person his reasonable costs in respect of any proceedings before it in relation to-

(a) The making of an order under section 12AA; or
(b) an appeal under section 12AB,

Where such an order is not made or is quashed.
(2) Any costs awarded under subsection (1)-

Shall, except where the amount is fixed by the court or the Court of Appeal, be ascertained by the Registrar of the High Court; and (Amended 25 of 1998 s. 2)
(b) shall be paid from general revenue.

Part III Powers of Investigation

Cap 201 s 13 Special powers of investigation

Remarks:

Amendments retroactively made – see 25 of 1998 s. 2

(1) Where the Commissioner is satisfied that there is reasonable cause to believe-

(a) that an offence under this Ordinance may have been committed by any person; and
(b) that any share account, purchase account, club account, subscription account, investment account, trust account, mutual or trust fund account, expense account, bank account or other account of whatsoever kind or description, and any banker’s books, company books, documents or other article of or relating to any person named or otherwise identified in writing by the Commissioner are likely to be relevant for the purposes of an investigation of such offence, he may for those purposes authorize in writing any investigating officer on production by him of the authorization if so required-

(I) to investigate and inspect such accounts, books or documents or other article of or relating to the person named or otherwise identified by the Commissioner;
(ii) to require from any person the production of such accounts, books, documents, or other article of or relating to the person named or otherwise identified by the Commissioner which may be required for the purposes of such investigation and the disclosure of all or any information relating thereto, and to take copies of such accounts, books or documents or of any relevant entry therein and photographs of any other article.

(Replaced 48 of 1996 s. 4)

(1A) The Commissioner shall not, without the leave of the Court of First Instance obtained on ex prate application in chambers, issue an authorization under or by virtue of which any particular person who is alleged or suspected to have committed an offence under this Ordinance can be required to comply with any requirement of the description mentioned in subsection (1) (I) and (ii). (Added 48 of 1996 s. 4)
(1B) The Court of First Instance shall not grant leave for the issue of an authorization under subsection (1)(I) and (ii) unless, on consideration of an application under subsection (1A), it is satisfied as to the matters that the Commissioner is required to be satisfied under subsection (1). (Added 48 of 1996 s. 4)

(2) (A) Every authorization given under subsection (1) shall be deemed also to authorize the investigating officer to require from any person information as to whether or not at any bank, company or other place there is any account, book, document or other article liable to investigation, inspection or production under such authorization. (Amended 9 of 1974 s. 5; 50 of 1987 s. 5; 48 of 1996 s. 4)

(b) A requirement under paragraph (a) shall be made in writing and any statement therein as to the existence of the appropriate authorization under subsection (1) shall be accepted as true without further proof of the fact.

(3) Any person who, having been lawfully required under this section to disclose any information or to produce any accounts, books, documents or other article to an investigating officer authorized under subsection (1), shall, notwithstanding the provisions of other Ordinance or rule of law to the contrary save only the provisions of section 4 of the Inland Revenue Ordinance (Cap 112), comply with such requirement, and any such person who fails or neglects, without reasonable excuse, so to do, and any person who obstructs any such investigating officer in the execution of the authorization given under subsection (1), shall be guilty of an offence and shall be liable on conviction to a fine of $20000 and to imprisonment for 1 year. (Amended 9 of 1974 s. 5; L.N. 374 of 1991; 48 of 1996 s. 4)
(4) Any person who falsely represents that an appropriate authorization has been given under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $20000 and to imprisonment for 1 year.

Cap 201 s 13A Order to make material available and to render assistance

Remarks:
Amendments retroactively made – see 25 of 1998 s. 2
(1) The Commissioner or an investigating officer with the approval of the Commissioner or the Deputy Commissioner may, for the purpose of an investigation into, or proceedings relating to, an offence suspected to have been committed under this Ordinance, make an ex prate application to the Court o

(Adopted on: 15 February 1974)

Cap 204 Long title

To provide for the establishment of an Independent Commission Against Corruption and matters incidental thereto.

Cap 204 s 1 Short title

This Ordinance may be cited as the Independent Commission against Corruption Ordinance.

Cap 204 s 2 Interpretations

In this Ordinance, unless the context otherwise requires-
“Commission” means the Independent Commission Against Corruption established under section 3;
“Commissioner” means the Commissioner of the Independent Commission Against Corruption appointed in accordance with the Basic Law and includes the Deputy Commissioner appointed under section 6; (Replaced 1 of 2003 s. 3)
“officer” means an officer of the Commission appointed under section 8;
“prescribed officer” means-

(a) Any person holding an office of emolument, whether permanent or temporary, under the Government; and
(b) the following persons (to the extent that they are not persons included in paragraph (a))-

(I) any principal official of the Government appointed in accordance with the Basic Law;
(ii) the Monetary Authority appointed under section 5A of the Exchange Fund Ordinance (Cap 66) and any person appointed under section 5A(3) of that Ordinance;
(iii) Chairman of the Public Service Commission;
(iv) any member of the staff of the Commission;
(v) any judicial officer holding a judicial office specified in Schedule 1 to the Judicial Officers Recommendation Commission Ordinance (Cap 92) and any judicial officer appointed by the Chief Justice, and any member of the staff of the Judiciary; (Added 14 of 2003 s. 19)

“Public body” has the meaning assigned to it in section 2 of the Prevention of Bribery Ordinance (Cap 201); (Replaced 51 of 1987 s. 2)
“public servant” has the meaning assigned to it in section 2 of the Prevention of Bribery Ordinance (Cap 201); (Replaced 51 of 1987 s. 2. Amended 1 of 2003 s. 3)
“Public Service (Administration) Order” means-

(a) the Public Service (Administration) Order 1997 (Executive Order No. 1 of 1997);
(b) the Public Service (Disciplinary) Regulation made under section 21 of that Order (and together with that Order published as S.S. No. 5 to Gazette No. 2/1997); and
(c) any other regulation made or any direction given under that Order, as amended from time to time. (Added 1 of 2003 s. 3)

Cap 204 s 3 Establishment of the Commission

There is hereby established the Independent Commission against Corruption which shall consist of the Commissioner, the Deputy Commissioner and such officers as may be appointed.

Cap 204 s 4 Maintenance of the Commission

The expenses of the Commission shall be charged to the general revenue.

Cap 204 s 5 Office of Commissioner

(1) The Commissioner, subject to the orders and control of the Chief Executive, shall be responsible for the direction and administration of the Commission. (Replaced 1 of 2003 s. 3)
(2) The Commissioner shall not be subject to the direction or control of any person other than the Chief Executive.
(3) The Commissioner shall hold office on such terms and conditions as the Chief Executive may think fit.
(4) The Commissioner shall not, while he holds the office of the Commissioner, discharge the duties of any other prescribed officer.

Cap 204 s 6 Appointment of Deputy Commissioner

Remarks:
Adaptation amendments retroactively made – see 1 of 2003 s. 3
The Chief Executive may appoint a Deputy Commissioner on such terms and conditions as he may think fit.

Cap 204 s 7 Acting Commissioners

Remarks:
Adaptation amendments retroactively made – see 1 of 2003 s. 3
(1) If the office of the Commissioner is vacant or the Commissioner is absent from duty, the Deputy Commissioner shall, save where the Chief Executive otherwise directs, act as Commissioner.
(2) If both the Commissioner and the Deputy Commissioner are absent from duty, the Chief Executive may appoint another person to act as Commissioner during that absence.

Cap 204 s 8 Appointment of officers

Remarks:
Adaptation amendments retroactively made – see 1 of 2003 s. 3
(1) The Commissioner may appoint such officers as the Chief Executive thinks necessary to assist the Commissioner in the performance of his functions under this Ordinance. (Amended 1 of 2003 s. 3)

(2) (a) Subject to paragraph (b), the Commissioner may, if he is satisfied that it is in the interests of the Commission to do so, after consulting the Advisory Committee on Corruption, terminate the appointment of an officer.

(b) Before terminating an appointment under this subsection-

(I) the Commissioner shall by notice in writing inform the officer concerned that the termination of his appointment is under consideration and the reasons therefore; and
(ii) in the notice such officer shall be given a period of not less than 7 days within which to make, and is hereby authorized to make if he so wishes, written representations to the Commissioner as regards such reasons or as to why his appointment should not be terminated or as regards both.

(c) Where an appointment is terminated under this subsection-

(I) the Commissioner shall notify the officer in writing of the termination; and
(ii) the officer may, within the period of 21 days beginning on the date of the notification under subparagraph (I), appeal to the Chief Executive against the termination. (Amended 1 of 2003 s. 3)

(d) On an appeal under paragraph (c) the Chief Executive may confirm or set aside the termination. (Amended 1 of 2003 s. 3)
(e) Where an appointment is terminated under subsection (2) (a), the termination shall operate forthwith but if on an appeal under paragraph (c) (ii) the termination is set aside, the officer concerned shall be treated in all respects as if the Commissioner had not terminated his appointment. (Replaced 48 of 1996 s. 19)

(3) The terms and conditions of employment of officers shall be subject to the approval of the Chief Executive, who may vary any terms or conditions imposed by virtue of subsection (4). (Amended 1 of 2003 s. 3)
(4) Subject to this section and section 11(2), the Commissioner and officers shall be employed subject to Public Service (Administration) Order, Government regulations and such administrative rules as apply generally to public officers, except insofar as the application of such Public Service (Administration) Order, Government regulations or rules may be modified by standing orders made under section 11(2). (Amended 1 of 2003 s. 3)

Cap 204 s 9 Warrant card

The Commissioner may issue to such officers as he thinks fit a warrant card which shall be prima facie evidence of the officer’s appointment as such.

Cap 204 s 10 Power of arrest

(1) An officer authorized in that behalf by the Commissioner may without warrant arrest a person if he reasonably suspects that such person is guilty of an offence under this Ordinance or the Prevention of Bribery Ordinance (Cap 201) or the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554) or, being a prescribed officer, is guilty of an offence of blackmail committed by or through the misuse of office. (Amended 27 of 1980 s. 2; 10 of 2000 s. 47; 14 of 2003 s. 21)
(2) Where, during an investigation by the Commission of a suspected offence under the Prevention of Bribery Ordinance (Cap 201) or of a suspected offence under the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554), another offence is disclosed, any such officer may without warrant arrest a person if he reasonably suspects that such person is guilty of that other offence and- (Amended 16 of 1991 s. 2; 10 of 2000 s. 47)

(a) he reasonably suspects that such other offence was connected with, or that either directly or indirectly its commission was facilitated by, the suspected offence under the Prevention of Bribery Ordinance (Cap 201) or the suspected offence under the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554), as the case may be; or (Amended 16 of 1991 s. 2; 10 of 2000 s. 47)
(b) the other offence is one which is specified for the purposes of this subsection in subsection (5).

(3) Any such officer-

(a) may use such force as is reasonable in the circumstances in effecting an arrest under subsection (1) or (2); and (Amended 18 of 1976 s. 2)
(b) may, for the purpose of effecting such an arrest, enter and search any premises or place if he has reason to believe that there is in the premises or place a person who is to be so arrested.

(4) No premises or place shall be entered under subsection (3) unless the officer has first stated that he is an officer and the purpose for which he seeks entry and produced his warrant card to any person requesting its production, but subject as aforesaid any such officer may enter any such premises or place by force, if necessary.
(5) The following offences are specified for the purposes of subsection (2)-

(a) the offence of perverting or obstructing the course of justice;
(a) the offence of theft under section 9 of the Theft Ordinance (Cap 210); (Added 27 of 1980 s. 2)
(b) the offence of blackmail under section 23 of the Theft Ordinance (Cap 210);
(bad) the offence of fraud under section 16A of the Theft Ordinance (Cap 210); (Added 45 of 1999 s. 5)
(c) the offence of obtaining property by deception under section 17 of the Theft Ordinance (Cap 210);
(d) the offence of obtaining pecuniary advantage by deception under section 18 of the Theft Ordinance (Cap 210);
(ad) the offence of obtaining services by deception under section 18A of the Theft Ordinance (Cap 210); (Added 51 of 1987 s. 4)
(db) the offence of evading liability by deception under section 18B of the Theft Ordinance (Cap 210); (Added 51 of 1987 s. 4)
(dc) the offence of making off without payment under section 18C of the Theft Ordinance (Cap 210); (Added 51 of 1987 s. 4)
(did) the offence of procuring a false entry in certain records under section 18D of the Theft Ordinance (Cap 210); (Added 51 of 1987 s. 4)
(de) the offence of false accounting under section 19 of the Theft Ordinance (Cap 210); (Added 27 of 1980 s. 2. Amended 51 of 1987 s. 4)
(e) the offence of assisting an offender under section 90 of the Criminal Procedure Ordinance (Cap 221);
(ea) any offence under regulations in force under the Electoral Affairs Commission Ordinance (Cap 541); (Replaced 134 of 1997 s. 85)
(f) the offence of conspiracy to defraud and the offence of conspiracy to commit any of the offences referred to in paragraph (a), (a), (b), (bad), (c), (d), (ad), (db), (dc), (did), (de), (e) or (ea); (Replaced 27 of 1980 s. 2. Amended 51 of 1987 s. 4; 16 of 1991 s. 2; 45 of 1999 s. 5)
(g) an attempt to commit any offence referred to in paragraph (a), (a), (b), (bad), (c), (d), (ad), (db), (dc), (did), (de), (e) or (ea) or the offence of aiding, abetting, counseling or procuring any offence so referred to. (Replaced 27 of 1980 s. 2. Amended 51 of 1987 s. 4; 16 of 1991 s. 2; 45 of 1999 s. 5)

Cap 204 s 10A Procedure after arrest

Remarks:
Adaptation amendments retroactively made – see 1 of 2003 s. 3
(1) a person arrested under section 10-

(a) may be taken forthwith to a police station and there dealt with in accordance with the Police Force Ordinance (Cap 232); or
(b) may be taken to the offices of the Commission.

(2) A person arrested under section 10 who is taken to the offices of the Commission may be-

(a) Detained there if an officer of the rank of Senior Commission against Corruption Officer or above considers it necessary for the purpose of further inquiries;
(b) released from custody-

(I) on his depositing such reasonable sum of money as an officer of the rank of Senior Commission Against Corruption Officer or above may require; or
(ii) on his entering into such recognizance, with such sureties, if any, as an officer of the rank of Senior Commission Against Corruption Officer or above may require; or
(iii) on his depositing such a sum of money and entering into such a recognizance.

(3) A person who has deposited a sum of money for the purposes of subsection (2) and has thereupon been released from custody shall-

(a) attend at the offices of the Commission at such time as an officer of the rank of Senior Commission Against Corruption Officer or above has specified and, having so attended, shall further attend at such other times thereafter as such an officer may specify; or (Amended 48 of 1996 s. 20)
(b) appear before a magistrate at such time and place as an officer of the rank of Senior Commission Against Corruption Officer or above has specified.

(3A) A person who has been released from custody under subsection (3) and-

(a) who attends at the offices of the Commission at a further time as shall have been specified; and
(b) who on such attendance advises an officer of the rank of Senior Commission Against Corruption Officer or above that he will refuse to attend at any further time, whether specified or not, shall have the sum of money deposited for the purposes of subsection (2) refunded to him and shall not be bound by any recognizance entered into by him with respect to his attendance. (Added 48 of 1996 s. 20)
(4) A recognizance entered into for the purposes of subsection (2) shall be conditioned-

(a) for the attendance of the person at the offices of the Commission at such time as may be specified therein and at such other time thereafter as an officer of the rank of Senior Commission Against Corruption Officer or above may specify; or
(b) for the appearance of the person before a magistrate at such time and place as may be specified therein.

(5) If any person fails to attend at the offices of the Commission or to appear before a magistrate in accordance with subsection (3) or a recognizance entered into for the purposes of subsection (2), such sum of money may be forfeited or such recognizance entreated by a magistrate on application by the Commissioner.
(6) A person who is detained at the offices of the Commission under subsection (2)(a) shall be brought before a magistrate as soon as practicable and in any event within 48 hours after his arrest unless he is sooner released, whether under subsection (2)(b) or otherwise.

(7) (a) A person who is detained at the offices of the Commission under subsection (2)(a) may be taken in the custody of an officer to and from any other place if an officer of the rank of Senior Commission Against Corruption Officer or above considers it necessary or desirable to do so.

(b) Any person who is being taken to and from any such place in the custody of an officer under paragraph (a) shall be deemed to be in lawful custody.

(8) The Chief Executive may by order make such provision as he considers necessary with respect to the treatment of persons detained at the offices of the Commission, whether under subsection (2)(a) or pursuant to the order of a magistrate under section 20(3) or 79(1) of the Magistrates Ordinance (Cap 227). (Amended 51 of 1987 s. 5; 1 of 2003 s. 3)

Cap 204 s 10AA Arrest of persons granted bail

(1) An officer authorized in that behalf by the Commissioner may arrest without warrant any person who has been released from custody in accordance with section 10A(2), or otherwise admitted to bail following his arrest under section 10 or his appearance on a summons in respect of an offence referred to in that section-

(a) if the officer has reasonable grounds for believing that any condition on or subject to which such person was so released or otherwise admitted to bail has been or is likely to be broken; or
(b) on being notified in writing by any surety for that person that the surety believes that that person is likely to break the condition that he will appear at the time and place required and for that reason the surety wishes to be relieved of his obligation as surety. (Amended 56 of 1994 s. 10)

(2) Any person arrested under subsection (1) shall be brought within the period of 24 hours after his arrest or as soon as practicable after the expiry of that period before a magistrate, except where he was so arrested within the period of 24 hours immediately preceding an occasion on which he is required by virtue of a condition of his release under section 10A (2) or other bail to appear before any court, in which case he shall be brought before that court.
(3) If it appears to the court before which a person is brought under subsection (2) that any condition on or subject to which such person was released or otherwise admitted to bail has been or is likely to be broken, the court may-

(a) Remand that person in custody; or
(b) admit that person to bail on the same conditions or on such other conditions as it thinks fit, but if it does not so appear to that court the court shall admit that person to bail on the same conditions.
(4) Nothing in this section shall derogate from or affect the powers of arrest contained in section 9K of the Criminal Procedure Ordinance (Cap 221). (Amended 56 of 1994 s. 10)

Cap 204 s 10B Search warrants

Without prejudice to section 17(1) of the Prevention of Bribery Ordinance (Cap 201), if a magistrate is satisfied by information on oath that there is reason to believe that there is in any premises or place anything which is or contains evidence of the commission of any of the offences referred to in section 10, he may by warrant directed to any officer authorize such officer, and any other officers assisting him, to enter and search such premises or place.

Cap 204 s 10C Power of search and seizure

(1) An officer authorized in that behalf by the Commissioner may-

(a) search any person if he reasonably suspects that such person is guilty of any of the offences referred to in section 10;
(b) search the premises or place in which any person was arrested under section 10, or the premises or place in which a person who evades arrest therein under section 10 was to be arrested, for evidence of any of the offences referred to in that section;
(c) seize and detain anything which such officer has reason to believe to be or to contain evidence of any of the offences referred to in section 10;
(d) (Repealed 45 of 1992 s. 2)

(1A) (Repealed 45 of 1992 s. 2)
(2) A person shall not be searched under subsection (1) except by a person of the same sex.
(3) The powers conferred by subsection (1) shall not derogate from the power conferred on any officer by section 17 of the Prevention of Bribery Ordinance (Cap 201) or a warrant issued hereunder.

Cap 204 s 10D Power to take finger-prints and photographs

(1) Where a person has been arrested under section 10 or, has been served with a summons under section 8(2) of the Magistrates Ordinance (Cap 227) in respect of a section 10 offence, any officer may take, or cause to be taken under the supervision of an officer, photographs, finger-prints and the weight and height measurements of that person. (Amended 48 of 1996 s. 22)
(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 a section 10 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 has been previously convicted of any section 10 offence.
(4) In this section-
“identifying particulars” in relation to a person means photographs, finger-prints and the weight and height measurements of that person;
“section 10 offence” means any offence for which a person may be arrested under section 10.

Cap 204 s 10E Taking of non-intimate samples

(1) In any investigation in respect of an offence committed or believed to have been committed, a non-intimate sample may be taken from a person with or without his consent for forensic analysis only if-

(a) That person is dealt with and detained pursuant to section 10A; and
(b) an officer of the rank of Senior Commission against Corruption Officer or above (“authorizing officer”) authorizes it to be taken.

(2) An authorizing officer may only give an authorization as required under subsection (1) (b) if he has reasonable grounds-

(a) For suspecting that the person from whom the non-intimate sample is to be taken has committed a serious arrest able offence; and
(b) for believing that the sample will tend to confirm or disprove the commission of the offence by that person.

(3) An authorizing officer-

(a) subject to paragraph (b), must give an authorization pursuant to subsection (2) in writing;
(b) where it is impracticable to comply with paragraph (a), may give such authorization orally, in which case he must confirm it in writing as soon as practicable.

(4) Where an authorization has been given pursuant to subsection (2), an officer shall, before the taking of a non-intimate sample, inform the person from whom the sample is to be taken-

(a) of the nature of the offence in which the person is suspected to have committed;
(b) that there are reasonable grounds to believe that the sample will tend to confirm or disprove the commission of the offence by that person;
(c) of the giving of the authorization;
(d) that he may or may not consent to the taking of the sample;
(e) that if he does not consent to the taking of the sample, the sample will still be taken from him by using reasonable force if necessary;
(f) that the sample will be analyzed and the information derived from such analysis may provide evidence that might be used in criminal proceedings for such offence or any other offence for which a person may be arrested under section 10;
(g) that he may make a request to an officer for access to the information derived from the analysis of the sample; and
(h) that if he is subsequently convicted of any serious arrest able offence, any DNA information derived from the sample may be permanently stored in the DNA database maintained under section 59G(1) of the Police Force Ordinance (Cap 232) and may be used for the purposes specified in subsection (2) of that section.

(5) The person from whom a non-intimate sample was taken pursuant to subsection (1) is entitled to access to the information derived from the analysis of the sample.
(6) Any consent given for the taking of a non-intimate sample pursuant to this section must be given in writing and signed by the person giving the consent.
(7) A non-intimate sample from a person may only be taken by-

(a) A registered medical practitioner; or
(b) an officer, or a public officer working in the Government Laboratory, who has received training for the purpose.

(8) An officer may use such force as is reasonably necessary for the purposes of taking or assisting the taking of a non-intimate sample from a person pursuant to this section.
(9) In this section, sections 10F and 10G-
“DNA” means deoxyribonucleic acid;
“DNA information” means genetic information derived from the forensic DNA analysis of an intimate sample or a non-intimate sample;
“intimate sample” means-

(a) A sample of blood, semen or any other tissue fluid, urine or hair other than head hair;
(b) a dental impression;
(c) a swab taken from a private part of a person’s body or from a person’s body orifice other than the mouth;

“Non-intimate sample” means-

(a) a sample of head hair;
(b) a sample taken from a nail or from under a nail;
(c) a swab taken from any part, other than a private part, of a person’s body or from the mouth but not any other body orifice;
(d) saliva;
(e) an impression of any part of a person’s body other than-

(I) an impression of a private part;
(ii) an impression of the face; or
(iii) the identifying particulars described in section 59(6) of the Police Force Ordinance (Cap 232);

“private part” in relation to a person’s body, means the genital or anal area and includes the breasts in the case of a woman;
“serious arrest able offence” means an offence for which a person may be arrested under section 10 and for which a person may under or by virtue of any law be sentenced to imprisonment for a term not less than 7 years.

Cap 204 s 10F 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 a non-intimate sample taken pursuant to section 10E except for the purposes of-

(a) Forensic analysis in the course of an investigation of any offence for which a person may be arrested under section 10; 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 a non-intimate sample taken pursuant to section 10E except-

(a) For the purposes of-

(I) forensic comparison and interpretation in the course of investigation of any offence for which a person may be arrested under section 10;
(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) of the Police Force Ordinance (Cap 232) 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 a non-intimate sample taken pursuant to section 10E or the results of forensic analysis of the sample has been destroyed under section 10G, no person shall use the sample or results in any proceedings for an offence for which a person may be arrested under section 10 after-

(a) It is decided that a person from whom the sample was taken shall not be charged with any offence for which a person may be arrested under section 10;
(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.

Cap 204 s 10G Disposals of samples and records

(1) The Commissioner shall take reasonable steps to ensure that-

(a) a non-intimate sample taken pursuant to section 10E; and
(b) a record to the extent that it contains information about the sample and particulars that are identifiable by any person as particulars identifying that information with the person from whom the sample was taken, which may be retained by him or on his behalf are destroyed as soon as practicable after-

(I) if the person has not been charged with any offence for which a person may be arrested under section 10, the expiry of-

(A) subject to subparagraph (B), 12 months from the date on which the sample was taken (“the relevant period”); or
(B) such further period or periods as may be extended under subsection (2) (“the extended period”);

(ii) If the person has been charged with one or more offences for which a person may be arrested under section 10 within the relevant period and the extended period, if any-

(A) the charge or all the charges, as the case may be, is or are withdrawn;
(B) the person is discharged by a court before conviction of the offence or all the offences, as the case may be; or
(C) the person is acquitted of the offence or all the offences, as the case may be, at trial or on appeal, whichever occurs first.

(2) An officer of the rank of Assistant Director of the Commission Against Corruption or above may extend or further extend the relevant period for not more than 6 months for each extension if he is satisfied on reasonable grounds that it is necessary to the continuing investigation of the offence or offences in relation to which the sample was taken that the sample and the record concerned be retained.
(3) Subsection (1) shall not affect any DNA information which has already been permanently stored in the DNA database pursuant to section 59G(1)(a), (b) or (c) of the Police Force Ordinance (Cap 232).
(4) Without prejudice to the operation of subsections (1) and (2), if-

(a) A person from whom a non-intimate sample was taken pursuant to section 10E has been convicted of one or more offences for which a person may be arrested under section 10; and
(b) there is no other charge against the person-

(I) in relation to an offence which a person may be arrested under section 10; and
(ii) which renders the retention of the sample necessary, then the Commissioner shall take reasonable steps to ensure that the sample which may be retained by him or on his behalf is destroyed as soon as practicable after the conclusion of all proceedings (including any appeal) arising out of the conviction.

Cap 204 s 11 Standing orders

Remarks:
Adaptation amendments retroactively made – see 1 of 2003 s. 3
(1) The Commissioner may make orders, which shall be known as Commission standing orders, providing for-

(a) the control, direction and administration of the Commission;
(b) the discipline, training, classification and promotion of officers;
(c) the duties of officers;
(d) the financial regulation of the Commission;
(e) such other matters as may, in his opinion, be necessary or expedient for preventing abuse or neglect of duty and for upholding the integrity of the Commission.

(2) The Commissioner may, with the prior approval of the Chief Executive, by standing order modify the application to officers of Public Service (Administration) Order, Government regulations or administrative rules applicable by virtue of section 8(4). (Amended 1 of 2003 s. 3)
(3) No Commission standing order shall be inconsistent with any of the provisions of this Ordinance.

Cap 204 s 12 Duties of the Commissioner

It shall be the duty of the Commissioner, on behalf of the Chief Executive, to- (Amended 1 of 2003 s. 3)

(a) Receive and consider complaints alleging corrupt practices and investigate such of those complaints as he considers practicable;
(b) investigate-

(I) any alleged or suspected offence under this Ordinance;
(ii) any alleged or suspected offence under the Prevention of Bribery Ordinance (Cap 201);
(iii) any alleged or suspected offence under the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554); (Amended 10 of 2000 s. 47)
(iv) any alleged or suspected offence of blackmail committed by a prescribed officer by or through the misuse of his office; (Amended 14 of 2003 s. 22)
(v) any alleged or suspected conspiracy to commit an offence under the Prevention of Bribery Ordinance (Cap 201);
(vi) any alleged or suspected conspiracy to commit an offence under the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554); and (Amended 10 of 2000 s. 47)
(vii) any alleged or suspected conspiracy (by 2 or more persons including a prescribed officer) to commit an offence of blackmail by or through the misuse of the office of that prescribed officer; (Replaced 16 of 1991 s. 3; 14 of 2003 s. 22)

(c) investigate any conduct of a prescribed officer which, in the opinion of the Commissioner is connected with or conducive to corrupt practices and to report thereon to the Chief Executive; (Amended 1 of 2003 s. 3; 14 of 2003 s. 22)
(d) examine the practices and procedures of Government departments and public bodies, in order to facilitate the discovery of corrupt practices and to secure the revision of methods of work or procedures which, in the opinion of the Commissioner, may be conducive to corrupt practices;
(e) instruct, advise and assist any person, on the latter’s request, on ways in which corrupt practices ma

Police Background Check Procedures

Who can apply?

• Applicants only.
• Third party representative or potential employers may not apply.

Where?

• In person or via post.

What must the applicant supply?

In person:
• Hong Kong identity card or valid travel document
• Original and photocopy of the letter of reason requiring disclosure
From outside Hong Kong:
• Hong Kong Identity Card or valid travel document
• Original and photocopy of letter requiring disclosure
• Full set of applicant ́s fingerprints taken and certified by an official police or law enforcement agency
Certification must clearly state:
• Full name and rank of official taking the prints
• Full name of agency with official chop

• Date and place prints were taken

What are the costs / turnaround times?

• Local and overseas fee of HK$169 (approx. GBP £13.30)
• Payable by cash, Octopus cards or cheques payable to “The
• Government of the Hong Kong Special Administrative Region”
• For overseas applicants, a bankers‟ draft of HK$169 made payable as above, or a personal cheque in Hong Kong dollars which is issued by any licensed bank in Hong Kong.
• Turnaround time
is 4 weeks for both processes.

Contact Details

Local applicants can download 3 different forms (Chinese only):
1. Fingerprint Consent form: http://www.police.gov.hk/ppp_en/08_forms/doc/172b-e.pdf
2. Application Form: http://www.police.gov.hk/ppp_en/08_forms/doc/172a.doc
3. Standard Personal Data Form: http://www.police.gov.hk/ppp_en/08_forms/doc/dcs331-english.doc
Overseas applicants can download 3 different forms (English):
1. Fingerprint Consent form: http://www.police.gov.hk/ppp_en/08_forms/doc/172b-e.pdf
2. Application Form: http://www.police.gov.hk/ppp_en/08_forms/doc/172a.doc
3. Standard Personal Data Form: http://www.police.gov.hk/ppp_en/08_forms/doc/dcs415-e.doc
In person or post applications must be made to:
The Commission of Police (Attn: EO CNCC)
14/F Arsenal House
Police Headquarters
1 Arsenal Street
Wan Chai
Hong Kong
Tel: (+852) 2860 6557
Fax: (+852) 2200 4321
Email: eo-cncc-ib@police.gov.hk
Website: http://www.police.gov.hk/ppp_en/11_useful_info/cert_no_crime.html

Risk

Sovereign risk

According to Treasury figures published at end-March 2015, the government recorded a consolidated fiscal surplus of HK$78bn (US$10.1bn) in the first 11 months of fiscal year 2014/15 (April-March). This boosted the fiscal reserve to HK$833.7bn by end-February, supporting sovereign repayment capacity.

Banking sector risk

The tier-one capital ratio of locally incorporated financial institutions stood at 13.9% at the end of last year, up from 13.3% at end-June 2014, and a level generally regarded as safe. However, banks remain exposed to risks stemming from the slowing mainland-Chinese economy and the danger of a local property price crash.

Political risk

Political tensions in Hong Kong will remain high, particularly over plans to change the system for electing the chief executive in 2017. Pro-democracy activists who blocked streets in key parts of the city for weeks in late 2014 are likely to hold further protests in 2015-16. More generally, rising levels of anti-mainland sentiment among the Hong Kong public are increasingly posing a threat to long-term political stability.

Economic structure risk

Hong Kong’s trade-dependent economy is highly vulnerable to external shocks. The important economic role of the territory’s real-estate sector is likely to cause concern as the prospect of a substantial fall in property prices in these next two years looms.

Travel Risk

Security

The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The purpose of this Travel Advice is to provide up-to-date information to enable you to make well-informed decisions.

Demonstrations

Large-scale demonstrations took place in Hong Kong between September and December 2014. Hong Kong Police cleared all major protest sites in Admiralty, Causeway Bay and Mong Kok in mid-December 2014 following the grant of an injunction by the High Court. Avoid all demonstrations and large gatherings, follow the advice of local authorities and monitor local media.

Crime

The crime rate in Hong Kong is relatively low. Petty crime such as pickpocketing and purse snatching occurs, especially at the airport, on public transportation and in main tourist shopping areas, hotel lobbies and crowded streets. Bags left unattended are likely to be stolen. Ensure that your personal belongings, passports and other travel documents are secure at all times.

Robberies, some targeting foreigners, have occurred in the shopping and entertainment districts in Shenzhen Special Economic Zone, located across the border from Hong Kong in mainland China’s Guangdong province. Be extremely vigilant while in Shenzhen, and travel with a friend or in a group. Carry copies of passports and other identification and a small supply of cash separate from your other personal belongings.

Foreigners have been targeted in incidents of drink spiking, which is often combined with theft or credit card fraud. Never leave food or drinks unattended or in the care of strangers, and pay careful attention when drinks are being prepared and served.

Transportation

Traffic drives on the left and is congested in urban areas. Roads are narrow and frequently unmarked. Public transportation is widely available. Taxi drivers speak little or no English; you should therefore have your destination written in Chinese.

See Transportation Safety in order to verify if national airlines meet safety standards.

Emergency services

Dial 999.

Address Format

RECIPIENT

[FLOOR] [APARTMENT]
[BUILDING]
[HOUSE_NUMBER] [STREET_NAME]
LOCALITY
PROVINCE
HONG KONG

Sample

Lee Wan Lin
11th Floor
Mai Shun Industrial Building Block D
18-24 Kwai Cheong Rd.
KWAI CHUNG
NEW TERRITORIES
HONG KONG

Summary

Calendar GMT Reference Actual Previous Consensus Forecast
2014-11-14 08:30 AM Q3 2.7% 1.8% 2.0% 1.5%
2015-02-25 03:00 AM Q4 2.2% 2.7% 2.3%
2015-05-15 09:30 AM Q1 2.1% 2.4% (R) 2.0% 2.16%
2015-08-14 09:30 AM Q2 2.1% 1.61%
2015-11-13 08:30 AM Q3 1.64%
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