Hong Kong Special Administrative Region (HKSAR) government is planning to take forward a review of the Personal Data (Privacy) Ordinance during the fourth-term Legislative Council, a senior official of HKSAR government said on?Monday.
After attending the Privacy Awareness Week 2008 inauguration ceremony Monday, Stephen Lam, Secretary for Constitutional and Mainland Affairs of HKSAR government told reporters that in conducting the review the HKSAR government will consider certain aspects and principles it needs to abide by.
At the end of last year the Privacy Commissioner submitted to the Constitutional and Mainland Affairs Bureau a report suggesting areas for review and amendment. One suggestion was to vest in the commissioner the power to initiate prosecutions.
"But under the Basic Law, criminal prosecutions are controlled by the Department of Justice without interference from anyone. So in conducting the ordinance's review we need to ensure we abide by the Basic Law," Lam said, referring to Hong Kong's mini- constitution.
The report submitted by the Privacy Commissioner also proposed increasing penalties, Lam said, adding the HKSAR government must make sure the penalties are proportionate to the protection the government want to give to privacy, and which also would have a sufficient deterrent effect.
The four-term HKSAR Legislative Council will be formed in September after a polling on Sept. 7.
(Xinhua News Agency August 26, 2008)