CAP. 297]
Exception relating to defamation actions.
Disclosure of information.
Prescribed public offices.
Schedule.
Rehabilitation of Offenders
[1986 Ed.
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.
8.
[Amendments incorporated]
[Amendments incorporated]
9. (1) The public offices mentioned in the Schedule are prescribed public offices for the purposes of this Ordinance.
(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.
Page 5
Page 6
4
CAP. 297]
Exception relating to defamation actions.
Disclosure of information.
Prescribed public offices.
Schedule.
Rehabilitation of Offenders
[1986 Ed.
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 men- tioned 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 subsec- tions 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.
8.
[Amendments incorporated]
[Amendments incorporated]
9. (1) The public offices mentioned in the Schedule are prescribed public offices for the purposes of this Ordinance.
(2) The Governor in Council may by order published in the Gazette amend the Schedule.
SCHEDULE
PRESCRIBED PUBLIC OFFICES
(s. 9.]
2.
2~
1.
Any judicial office.
Any office of police officer, including a cadet, in the Royal Hong Kong Police Force or the Royal Hong Kong Auxiliary Police Force.
Page 5Page 6
No comments yet.
Private notes are available after approval.