TNAG-1549-FCO40-2113-Fire-services-in-Hong-Kong-1987 — Page 19

A344

Ord. No. 55/86

(Cap. 41.)

Exception relating

to defamation actions.

Disclosure of information.

Amendment of

Magistrates Ordinance. (Cap. 227.)

REHABILITATION OF OFFENDERS

(2) Section 2 shall not apply to any question asked by or on behalf of any person, in the course of the duties of his office or employment, or any obligation to disclose information to that person in the course of those duties, in order to assess the suitability of another person--

(a) for admission as a barrister, solicitor or accountant; or

(b) for the grant of, or to continue to hold, any licence, permit or dispensation,

or for registration, or to continue to be registered, under any law; or

(c) for appointment to any prescribed public office; or

(d) to be authorized as an insurer under the Insurance Companies Ordinance. (3) Section 2 shall not apply to-

(a) any dismissal or exclusion of an individual from practising as a barrister,

solicitor or accountant or from any prescribed public office; or

(b) any action taken for the purposes of safeguarding the security of Hong

Kong.

5. Nothing in this Ordinance shall apply to any action for defamation begun— (a) before the commencement of this Ordinance; or

(b) after the commencement of this Ordinance in relation to an alleged defamation committed before the commencement of this Ordinance or before the lapse of the period mentioned in section 2(1)(c).

6. (1) Subject to subsections (4) and (5), any person who has or, at any time, has had custody of or access to any records kept by a public officer relating to persons convicted of offences, or any information contained therein, and who, otherwise than in the course of his duties as a public officer, discloses any information specified in subsection (3) to any other person commits an offence and is liable to a fine of $20,000.

(2) Any person who obtains any information specified in subsection (3) from any record kept by a public officer by means of any fraud or dishonesty commits an offence and is liable to a fine of $50,000 and to imprisonment for 6 months.

(3) The information mentioned in subsections (1) and (2) is any information contained in the records mentioned in those subsections which tends to show that a named or otherwise identifiable individual to whom section 2(1) applies committed, was charged with, was prosecuted for, was convicted of or was sentenced for an offence.

(4) The Governor may, in such circumstances as he thinks fit, authorize the disclosure of any information specified in subsection (3) and subsection (1) shall not apply to any person acting under that authority.

(5) The individual to whom section 2(1) applies may authorize the disclosure of any information specified in subsection (3) which relates to him and subsection (1) shall not apply to any person acting under that authority.

7.

Section 36(1) of the Magistrates Ordinance is amended-

(a) by deleting "with or without recording a conviction" and substituting the

following

"after conviction"; and

(b) in paragraph (b), by deleting "for conviction and sentence or" and ", as the

case may be.".

REHABILITATION OF OFFENDERS

Ord. No. 55/86

A345

(b) by repealing section 8.

9.

(1) The public offices mentioned in the Schedule are prescribed public Prescribed public offices for the purposes of this Ordinance.

offices. Schedule.

(2) The Governor in Council may by order published in the Gazette amend the Schedule.

SCHEDULE

PRESCRIBED PUBLIC OFFICES

[s. 9.]

1.

Any judicial office.

2.

Any office of police officer, including a cadet, in the Royal Hong Kong Police Force or the Royal Hong Kong Auxiliary Police Force.

3.

Any office in the Correctional Services Department to which a person is appointed under section 3 of the Prisons Ordinance.

(Cap. 234.)

4.

Any office of principal probation officer or probation officer to which a person is appointed under section 9 of the Probation of Offenders Ordinance.

(Cap. 298.)

5.

Any office in the Customs and Excise Service mentioned in the First Schedule to the Customs and Excise Service Ordinance.

(Cap. 342.)

6.

Any office in the Immigration Service mentioned in the Schedule to the Immigration Service Ordinance.

(Cap. 331.)

7.

Any office occupied, or to be occupied, by an officer on or above Point 31 on the Master Pay Scale.

8.

Any office occupied, or to be occupied, by an officer on the Directorate or Directorate (Judicial/Lega! Group) Pay Scale.

9.

Any person holding any rank in the Fire Services Department set out in the Sixth Schedule to the Fire Services Ordinance.

(Cap. 95.)

Passed by the Hong Kong Legislative Council this 30th day of July 1986.

LAW Kam-sang,

Clerk to the Legislative Council.

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

LAW Kam-sang, Clerk to the Legislative Council.

Amendment of

8.

The Probation of Offenders Ordinance is amended-

Probation of

Offenders

Ordinance.

(Cap. 298.)

(a) in section 3(1), by deleting "with or without proceeding to conviction" and

substituting the following--

"after conviction"; and