Cap 509 s 29 Offence for public officers and others to disclose certain information (OCCUPATIONAL SAFETY AND HEALTH ORDINANCE)

Contents of Section

Chapter:	509	Title:	OCCUPATIONAL SAFETY AND HEALTH ORDINANCE	Gazette Number:
Section:	29	Heading:	Offence for public officers and others to disclose certain information	Version Date:	30/06/1997

(1) A public officer commits an offence if, without lawful authority, the officer discloses to a person the name of, or any information that could identify, a person who has made a complaint-

(a) alleging a contravention of this Ordinance or the Factories and Industrial Undertakings Ordinance (Cap 59); or

(b) as a result of which the officer or any other public officer has become aware of such a contravention.

(2) A public officer also commits an offence if, without lawful authority, the officer discloses-

(a) to the occupier of a workplace, or to an agent or employee of the occupier; or

(b) if the employer of employees employed at a workplace is not the occupier of that place, to the employer, or to an agent or employee of the employer,

that a visit to the workplace was made as a result of a complaint of a kind referred to in subsection (1).
(3) A person who is or was formerly employed as a public officer commits an offence if, without lawful authority, the person discloses to another person-

(a) information relating to manufacturing or commercial secrets or working processes that was obtained through the exercise or performance of a function under this Ordinance or the Factories and Industrial Undertakings Ordinance (Cap 59); or

(b) information notified by a medical practitioner in accordance with section 15.

(4) For the purposes of this section, a person has lawful authority to disclose information if the disclosure-

(a) is made in connection with the administration of this Ordinance (or the Factories and Industrial Undertakings Ordinance (Cap 59)); or

(b) is made for the purpose of complying with a requirement of another Ordinance; or

(c) is ordered by a court, or by a person authorized by law to examine witnesses, in connection with the hearing or determination of any matter by the court or person.

(5) A person who is convicted of an offence against this section is liable to a fine at level 3.
(6) This section applies to a person who has accompanied or assisted an occupational safety officer as referred to in section 21(3)(a) or section 4(2A) of the Factories and Industrial Undertakings Ordinance (Cap 59) as if the person were such an officer.