In
data bases, in order to control access to personal data stored therein. the private sector, the implementation of such controls is voluntary. But such controls are in any event consistent with good and efficient data management practice. There have been no complaints of misuse of personal data.
50. The Government is currently studying what kind of data protection legislation would best suit Hong Kong. As an interim measure, Data Protection Principles and Guidelines have been issued by the Government to all users of personal data in both the public and private sectors. The principles draw on the Guidelines produced by OECD and by the Council of Europe. They seek both to promote good data management practice and to increase awareness and observance of internationally accepted principles of data protection. The Guidelines do not have the force of law but it is the Government's policy for departments to adhere to them. The private sector is also encouraged to
follow them.
51. The second question (CCPR/C/SR.857, para. 32) concerned the kind of personal data which could be stored in police computers in Hong Kong. Personal particulars and details of previous convictions are stored on the Police Operational Nominal Index Computer System in respect of all persons with criminal convictions. Details of missing or wanted persons, and persons of criminal intelligence interest, are also on record. Some 3,700,000 inquiries are made to the system annually.
52. Under regulation 24 of the Registration of Persons Regulation, cap. 177, the Chief Secretary may disclose a person's registration particulars under such terms and conditions as he may deem fit to impose. Police requests for access to the information may be made under restricted circumstances. For example, the requesting officer must be of or above the rank of Police Superintendent and the request must be in connection with the investigation of a criminal offence or for extradition or deportation proceedings.
53.
The third question (CCPR/C/SR.857, para. 33) related to the powers of investigating officers, and the handling of complaints against the police. An interim reply (CCPR/C/SR.857, paras. 35-36) was given by the United Kingdom delegation referring to a mechanism for dealing with complaints of abuse. This is the system of inquiries conducted under the Police "Complaints and Internal Investigations Branch", which is monitored by the Police Complaints Committee. A full explanation of this system was given in the second report, paragraph 18 (CCPR/C/32/Add.14, annex F). In 1988, the Complaints and Internal Investigations Branch received 299 complaints against police officers alleging unwarranted stop and search, arising from identity card checks or checks for other purposes, e.g. possession of offensive weapons. Five of the complaints were substantiated. In four cases where there were complaints of impoliteness, unnecessary use of authority, unnecessary use of authority and rudeness, and an internal complaint of improper procedure, the officers concerned were advised that the complaint against them had been substantiated and cautioned about their behaviour. In the remaining case, where there were complaints of unnecessary use of authority, threat and assault, the complaints of threat and assault were found to be unsubstantiated, but the first complaint was substantiated and the officer involved, an auxiliary police officer, was compulsorily retired under section 9(5) of the Royal Hong Kong Auxiliary Police Force Ordinance.