TNAG-0772-FCO40-976-Modernisation-and-electrification-of-the-Kowloon-Canton-Rail-1978 — Page 107

CENSUS AND STATISTICS

Ord. No. 38/78

A139

particular classification but do not enable identification of the capital employed or profits arising in such undertaking;

(b) disclose in any directory of undertakings or otherwise any or any combination of the following particulars, namely, the name, the address, the type of business or the number of employees of any undertaking.

(3) Nothing in this section shall be taken to prohibit-

(a) the publication by the Commissioner of any statistical informa- tion in the form of abstracts, printed publications, press releases or otherwise as he may deem fit:

Provided that in compiling any report, summary or com- munication to the public of information obtained under this Ordinance, the Commissioner shall so arrange it as to prevent any particulars published therein (other than particulars to which subsection (2) applies) from being identified as particulars relating to any particular individual or undertaking except with the previous consent in writing of the individual or, as the case may be, of the person carrying on the undertaking;

(b) the production of such evidence as may be necessary for the purpose of any proceedings instituted for an offence against this Ordinance.

(4) The Commissioner shall not be required to disclose any informa- tion obtained in the course of or as a result of any statistical inquiry to or for inspection by or for the use of any other authority for the purpose of or in connexion with the investigation of crime or the assessment or levying of any tax.

23. (1) Any person who commits an offence under section 13, 14, 15 Penalties. or 19(a) is liable to a fine of $500.

(2) Any person who commits an offence under section 16, 17, 18, 19(b) or (c), 20, 21 or 22 is liable to a fine of $5,000 and to imprison- ment for 6 months.

24. No prosecution for an offence against this Ordinance shall be Consent of commenced without the written consent of the Attorney General.

25. No census officer nor any other person shall be required in any civil or criminal proceedings whatsoever to give in evidence any in- formation relating to particulars concerning any person, institution or undertaking obtained by him in the course of and as a result of his connexion with any statistical inquiry or with the preparation of any schedule, return, abstract, report or other document compiled in con- nexion with such inquiry; and no schedule completed or return made under this Ordinance, nor any abstract, report or other document (other than an obstract, report or other document published in accordance with section 22) which contains particulars relating to any individual, institution or undertaking obtained in the course of and as a result of any statistical inquiry, shall be admissible in evidence in any such proceedings:

Provided that nothing in this section shall be taken to prohibit the production of such evidence as may be necessary for the purpose of any proceedings instituted for an offence against this Ordinance.

Attorney General required for prosecution of offences.

Information obtained by inquiry not admissible in

statistical

evidence.

26. (1) The Governor in Council may by regulations provide for the Regulations. better carrying out of the provisions of this Ordinance.