Cap 397 s 15 Ombudsman and his staff to maintain secrecy (THE OMBUDSMAN ORDINANCE)

Contents of Section

Chapter:	397	Title:	THE OMBUDSMAN ORDINANCE	Gazette Number:	L.N. 273 of 2001
Section:	15	Heading:	Ombudsman and his staff to maintain secrecy	Version Date:	19/12/2001

(1) The Ombudsman and every person appointed under section 6 or 6A shall, subject to subsections (2) and (3), maintain secrecy in respect of all matters that- (Amended 30 of 2001 s. 13)

(a) arise from any investigation or complaint made to the Ombudsman; and

(b) come to their actual knowledge in the exercise of their functions. (Replaced 74 of 1996 s. 7

)

(2) Subsection (1) shall not apply so as to prevent the Ombudsman or any person appointed under section 6 or 6A from- (Amended 74 of 1996 s. 11; 30 of 2001 s. 13)

(a) disclosing in the course of proceedings for an offence under the Ordinance, any matter relevant to those proceedings;

(b) reporting evidence of any crime to such authority as he considers appropriate;

(c) disclosing to a person any matter referred to in subsection (1) which, in the opinion of the Ombudsman or person so appointed-

(i) may be ground for a complaint by that person; or

(ii) is necessary to be disclosed to that person for the purposes of investigating a complaint or deciding whether an investigation should be undertaken, continued or discontinued. (Replaced 74 of 1996 s. 7)

(3) The Ombudsman may disclose in any report made by him under this Ordinance any matter that in his opinion ought to be disclosed in order to establish grounds for his conclusions and recommendations, other than a matter in respect of which the Chief Executive certifies that its disclosure might prejudice security, defence, or international relations (including relations with any international organization) in respect of Hong Kong or would otherwise be contrary to the public interest. (Amended 74 of 1996 s. 11; 25 of 1998 s. 2)
(4) Any person who fails to comply with subsection (1) commits an offence and is liable to a fine of $50000 and to imprisonment for 2 years.

(Enacted 1988)