Cap 615 s 49 Preservation of secrecy (Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) Ordinance)

Contents of Section

Chapter:	615	Title:	Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) Ordinance	Gazette Number:	15 of 2011
Section:	49	Heading:	Preservation of secrecy	Version Date:	01/04/2012

(1) Except in the performance of a function under this Ordinance, or for the purpose of carrying into effect a provision of this Ordinance or doing anything required or authorized under this Ordinance, a specified person—

(a) must preserve and aid in preserving secrecy with regard to any matter coming to the specified person's knowledge—

(i) in the performance of any function under this Ordinance, or in carrying into effect any provision of this Ordinance; or

(ii) in the course of assisting any other person in the performance of any function under this Ordinance, or in carrying into effect any provision of this Ordinance;

(b) must not communicate any matter referred to in paragraph (a) to any other person other than the person to whom the matter relates; and

(c) must not suffer or permit any other person to have access to any record or document that comes into the specified person's possession—

(i) in the performance of any function under this Ordinance, or in carrying into effect any provision of this Ordinance; or

(ii) in the course of assisting any other person in the performance of any function under this Ordinance, or in carrying into effect any provision of this Ordinance.

(2) Despite subsection (1), a specified person may—

(a) disclose information that has already been made available to the public;

(b) disclose information with a view to the institution of, or for the purposes of, any criminal proceedings in Hong Kong;

(c) disclose information with a view to the commencement of, or for the purposes of, any investigation carried out in Hong Kong under the laws of Hong Kong;

(d) disclose information for the purpose of seeking advice from, or giving advice by, counsel, a solicitor or other professional adviser, who is acting or proposing to act in a professional capacity in connection with any matter arising under this Ordinance;

(e) disclose information in connection with any judicial or other proceedings to which the specified person is a party; and

(f) disclose information in accordance with an order of a court, magistrate or tribunal, or in accordance with a law of Hong Kong or a requirement imposed under a law of Hong Kong.

(3) Despite subsection (1), the Commissioner may—

(a) disclose information in the form of a summary compiled from any information in the Commissioner's possession, including information provided by persons under any provision of this Ordinance, if the summary is so compiled as to prevent particulars relating to the business or identity, or the trading particulars, of any person from being ascertained from it;

(b) disclose information to the Review Tribunal;

(i) the Financial Secretary;

(ii) the Monetary Authority;

(iii) the Insurance Authority;

(iv) the Securities and Futures Commission;

(v) the Privacy Commissioner for Personal Data;

(vi) The Ombudsman; or

(vii) a public officer authorized by the Financial Secretary under subsection (10);

(d) subject to subsection (4), disclose information to an authority or regulatory organization outside Hong Kong that, in the opinion of the Commissioner—

(i) performs functions similar to the functions of the Commissioner under this Ordinance or regulates, supervises or investigates banking, insurance or other financial services; and

(ii) is subject to adequate secrecy provisions; and

(e) disclose information with the consent of the person from whom the information was obtained or received and, if the information relates to a different person, with the consent also of the person to whom the information relates.

(4) The Commissioner may disclose information under subsection (3)(c) and (d) only if the Commissioner is satisfied that—

(a) it is desirable or expedient that the information should be disclosed in the interest of licensees or their customers, or in the public interest; or

(b) the disclosure will enable or assist the recipient of the information to perform the recipient's functions and it is not contrary to the interest of licensees or their customers, or to the public interest, that the information should be so disclosed.

(5) The Commissioner may, in disclosing any information under subsection (3), impose any condition that the Commissioner considers appropriate.
(6) Without limiting subsection (5), the Commissioner may impose a condition that—

(a) the person to whom the information is disclosed; and

(b) any person obtaining or receiving the information (whether directly or indirectly) from that person,

must not disclose the information to any other person without the consent of the Commissioner.
(7) Subsection (3)(e) does not require the Commissioner to disclose in or in relation to any civil proceedings any information that the Commissioner may disclose, or has disclosed, under that subsection.
(8) A person who—

(a) contravenes subsection (1); or

(b) knowing that the condition referred to in subsection (6) has been imposed in relation to a disclosure of information made under subsection (3), contravenes, or aids, abets, counsels or procures any person to contravene, that condition,

commits an offence.
(9) A person who commits an offence under subsection (8) is liable—

(a) on conviction on indictment to a fine of $1000000 and to imprisonment for 2 years; or

(b) on summary conviction to a fine at level 6 and to imprisonment for 6 months.

(10) The Financial Secretary may authorize any public officer as a person to whom information may be disclosed under subsection (3)(c)(vii).
(11) In this section—
specified person (指明人士) means—

(a) the Commissioner;

(b) a person employed in the Customs and Excise Department; or