Page:Electronic Transactions Ordinance (Cap. 553).pdf/29

ELECTRONIC TRANSACTIONS ORDINANCE PART XI '''46. Obligation of secrecy'''

(1) Subject to subsection (2), a person who has access to any record, book, register, correspondence, information, document or other material in the course of performing a function under or for the purposes of this Ordinance shall not disclose or permit or suffer to be disclosed such record, book, register, correspondence, information, document or other material to any other person.

(2) Subsection (1) does not apply to disclosure—
 * (a) which is necessary for performing or assisting in the performance of a function under or for the purposes of this Ordinance;
 * (b) for the purpose of any criminal proceedings in Hong Kong;
 * (c) for the purpose of complying with a requirement made under a rule of law with a view to instituting a criminal proceeding in Hong Kong; or
 * (d) under the direction or order of a magistrate or court.

(3) A person who contravenes subsection (1) commits an offence and is liable to a fine at level 6 and in the case of an individual also to imprisonment for 6 months.

47. False information

A person who knowingly or recklessly makes, orally or in writing, signs or furnishes any declaration, return, certificate or other document or information required under this Ordinance which is untrue, inaccurate or misleading commits an offence and is liable in the case of an individual to a fine at level 6 and to imprisonment for 6 months and in any other case, to a fine at level 6.

48. Other offences

A person who makes a false claim that a person is a recognized certification authority commits an offence and is liable in the case of an individual to a fine at level 6 and to imprisonment for 6 months and in any other case, to a fine at level 6.