8
Power of the Governor to give directions.
Authority not servant or agent of the Crown.
Secrecy.
CAP. 261] Hong Kong Examinations Authority
[1987 Ed.
13. (1) The Governor may give the Authority directions of a general character as to the discharge by the Authority of its functions in relation to matters appearing to the Governor to affect the public interest.
(2) The Authority shall, in the exercise or performance of any power or duty under this Ordinance, comply with any directions given by the Governor under subsection (1).
14. The Authority is not the servant or agent of the Crown and does not enjoy any status, immunity or privilege of the Crown.
15. (1) Except as may be appropriate for the exercise or performance of any duty or function under this Ordinance or for carrying into effect the provisions of this Ordinance, every person who has been appointed under or who is or has been employed in carrying out or assisting any person to carry out the provisions of this Ordinance-
(a) shall preserve and aid in preserving secrecy with regard to all matters coming to his knowledge in the exercise or performance of any duty or function under this Ordinance;
(b) shall not communicate any such matter to any person; and
(c) shall not suffer or permit any person to have access to any records in the possession, custody or control of any person to whom this subsection applies.
(2) Subsection (1) does not apply-
(a) to the disclosure of any information authorized to be disclosed or furnished by the Authority; or
(b) to the disclosure of information for the purpose of any legal proceedings brought under this Ordinance, or for the purpose of any report of any such proceedings; or
(c) to the disclosure of information for the purpose of any investigation by an officer of the Independent Commission Against Corruption or member of the Royal Hong Kong Police Force of any offence or suspected offence under this or any other Ordinance or law of Hong Kong.
(3) Any person who-
(a) contravenes subsection (1); or
(b) aids, abets, counsels or procures any person to contravene subsection (1),
commits an offence and is liable on conviction to a fine of $10,000 and to imprisonment for 6 months.
8
Power of the Governor to give directions.
Authority not servant or agent of the Crown.
Secrecy.
CAP. 261] Hong Kong Examinations Authority
[1987 Ed.
13. (1) The Governor may give the Authority directions of a general character as to the discharge by the Authority of its functions in relation to matters appearing to the Governor to affect the public interest.
(2) The Authority shall, in the exercise or performance of any power or duty under this Ordinance, comply with any directions given by the Governor under subsection (1).
14. The Authority is not the servant or agent of the Crown and does not enjoy any status, immunity or privilege of the Crown.
15. (1) Except as may be appropriate for the exercise or performance of any duty or function under this Ordinance or for carrying into effect the provisions of this Ordinance, every person who has been appointed under or who is or has been employed in carrying out or assisting any person to carry out the provisions of this Ordinance-
(a) shall preserve and aid in preserving secrecy with regard to all matters coming to his knowledge in the exercise or performance of any duty or function under this Ordinance;
(b) shall not communicate any such matter to any person; and
(c) shall not suffer or permit any person to have access to any records in the possession, custody or control of any person to whom this subsection applies.
(2) Subsection (1) does not apply-
(a) to the disclosure of any information authorized to be
disclosed or furnished by the Authority; or
(b) to the disclosure of information for the purpose of any legal proceedings brought under this Ordinance, or for the purpose of any report of any such proceedings; or
(c) to the disclosure of information for the purpose of any investigation by an officer of the Independent Commission Against Corruption or member of the Royal Hong Kong Police Force of any offence or suspected offence under this or any other Ordinance or law of Hong Kong.
(3) Any person who-
(a) contravenes subsection (1); or
(b) aids, abets, counsels or procures any person to contravene
subsection (1),
commits an offence and is liable on conviction to a fine of $10,000 and to imprisonment for 6 months.
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