5. Prosecution power

5. Prosecution power

Under section 64C of the Ordinance, the PCPD may prosecute in its own name for an offence that is triable summarily before a magistrate, including offences under:

• Section 64(3A): The first-tier offence (i.e. disclosing any personal data of a data subject without the relevant consent of the data subject, with an intent to cause any specified harm to the data subject or any family member of the data subject; or being reckless as to whether any specified harm would be, or would likely be, caused to the data subject or any family member of the data subject);

• Section 66E(1): Failing to comply with a requirement of a written notice given by the PCPD;

• Section 66E(5): Failing to comply with a requirement of a written notice given by the PCPD or providing materials or makes any statement that are false/misleading in a material particular, with an intent to defraud;

• Section 66I(1): Without lawful excuse, obstructing, hindering or resisting the PCPD, a prescribed officer, a person authorised by the PCPD to stop, search and arrest persons, or a person assisting the PCPD or a prescribed officer, when they exercise their powers under section 66G and 66H of the Ordinance; and

• Section 66O(1): After a cessation notice is served by the PCPD for ceasing or restricting the subject disclosure made by means of a written or electronic message (e.g. removing the message) contravening the notice. For further information on cessation notice, please refer to Part C1.

For indictable offences, the PCPD will refer to the Police for follow-up and the Department of Justice for instituting prosecution.