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CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE
SCHEDULE 2 [ss. 5(7),10&2)(c)&71]
FINANCES, ETC. OF COMMISSIONER
1. Resources of Commissioner
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The resources of the Commissioner shall consist of-
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all money-
- paid by the Government to the Commissioner
and appropriated for that purpose by the Legislative
Council; and
- otherwise provided to the Commissioner by
the Government; and
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| (b) |
all other money and property, including gifts,
donations, fees, rent, interest and accumulations
of income received by the Commissioner.
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| (2) |
The Secretary for Financial Services and the Treasury may give directions in writing of a general
or specific character to the Commissioner in relation
to the amount of money which may be expended by the Commissioner
in any financial year and the Commissioner shall comply
with those directions. |
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| (3) |
For the avoidance of doubt, it is hereby declared that
any remuneration or other benefit payable to, and any
expenses of-
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the Commissioner, or
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| (b) |
any person employed or engaged under section
9(1) of this Ordinance, shall be paid out of the
resources of the Commissioner.
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2. Borrowing powers
| (1) |
Subject to subsection (2), the Commissioner may borrow
by way of overdraft such money as he may require for
meeting his obligations or performing his functions
under this Ordinance.
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| (2) |
The Secretary for
Constitutional and Mainland Affairs may, after consulting with the Secretary
for Financial Services and the Treasury give directions in writing of a general
or specific character to the Commissioner in relation
to the amount of money which may be borrowed under subsection
(1) and the Commissioner shall comply with those directions.
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| (3) |
The Commissioner
may with the approval of the Secretary for Constitutional and Mainland Affairs given after the Secretary has consulted with the Secretary
for Financial Services and the Treasury borrow, otherwise than by way of overdraft,
such money as he may require for meeting his obligations
or performing his functions under this Ordinance. |
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| (4) |
A person lending
money to the Commissioner shall not be concerned to inquire
whether the borrowing of the money is legal or regular
or whether the money raised has been properly applied
and shall not be prejudiced by any illegality or irregularity
or by misapplication or non-application of the money.
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3. Investment of surplus
funds
| (1) |
Subject to subsection (2), the Commissioner may invest
money that is not immediately required to be expended.
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| (2) |
The Commissioner
shall not invest money pursuant to subsection (1) except
in such forms of investment as the Secretary for Constitutional and Mainland Affairs, after consulting with the Secretary for Financial Services and the Treasury,
approves. |
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| (3) |
Subsection (1)
shall not be subject to section 10(1) of this Ordinance.
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Notice/
Copyright 2001 Office of the Privacy Commissioner for Personal
Data, Hong Kong. All rights reserved. Disclaimer
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