Page:Independent Police Complaints Council Ordinance (Cap. 604).pdf/24

INDEPENDENT POLICE COMPLAINTS COUNCIL ORDINANCE PART 5 39. Interpretation of Part 5

In this Part—

“protected information” (受保護資料) means matters relating to any complaint that come to a specified person’s actual knowledge in the performance of his functions under this Ordinance;

“specified person” (指明人士) means—
 * (a) the Council;
 * (b) a member of the Council;
 * (c) the Secretary-General, the Legal Adviser or any other employee of the Council;
 * (d) a person engaged by the Council for his technical or professional services;
 * (e) an observer; or
 * (f) a person who at any time had any of the identities described in paragraphs (b), (c), (d) and (e).

40. Duty to keep confidence

(1) Except in the circumstances provided for in subsection (2), a specified person must not disclose any protected information.

(2) Subsection (1) does not prevent a specified person from disclosing any protected information if the disclosure is necessary—
 * (a) for the performance of his functions under this Ordinance;
 * (b) for the purpose of reporting evidence of any crime or any suspected crime to such authority as he considers appropriate;
 * (c) for the purpose of complying with—
 * (i) an order of a court; or
 * (ii) a requirement in or made under an enactment or any other law,
 * in relation to any criminal, civil or disciplinary proceedings; or
 * (d) for the purpose of complying with a data access request made under section 18 of the Personal Data (Privacy) Ordinance (Cap. 486).

(3) For the avoidance of doubt, in making a disclosure under subsection (2)(a), the Council may disclose to the public—