Select Committee on Foreign Affairs Minutes of Evidence

APPENDIX 8

Supplementary Memorandum submitted by the Hong Kong Economic and Trade Office

FUNCTIONAL CONSTITUENCIES

  I have enclosed the information you have requested, namely the statistics on functional constituencies and the Personal Data (Privacy) Ordinance. I hope you will find them useful.

  I have also taken the liberty to enclose a copy of the speech by the Secretary for Justice to the International Bar Association Conference. I think it puts a lot of the issues into the correct context [not printed].

  Please let me know if I could be of further help.

1998 Legislative Council Functional Constituencies
Name	Number of Registered Electors	Estimated Potential Electorate
1. Urban Council	50	50
2. Regional Council	50	50
3. Heung Yee Kuk	132	138
4. Agriculture and Fisheries	165	170
5. Insurance	196	216
6. Transport	137	149
7. Education	61,290	79,800
8. Legal	3,567	5,300
9. Accountancy	9,902	12,200
10. Medical	6,789	9,100
11. Health Services	27,487	46,800
12. Engineering	5,353	6,600
13. Architectural, Surveying and Planning	3,218	4,000
14. Labour (3 seats)	409	535
15. Social Welfare	3,398	5,350
16. Real Estate and Construction	410	600
17. Tourism	838	1,200
18. Commercial (First)	1,353	3,500
19. Commercial (Second)	1,798	5,500
20. Industrial (First)	730	1,800
21. Industrial (Second)	553	1,700
22. Finance	207	361
23. Financial Services	532	730
24. Sports, Performing Arts, Culture and Publication	1,136	2,850
25. Import and Export	1,182	7,400
26. Textiles and Garment	2,739	19,090
27. Wholesale and Retail	2,216	10,600
28. Information Technology	3,147	7,950
Total	138,984	233,739

1995 Legislative Council Functional Constituencies
Name	Number of registered electors	Estimated potential electorate
1. Urban Council	41	41
2. Regional Council	39	39
3. Rural	125	125
4. Education	42,405	59,480
5. Legal	1,942	3,830
6. Accountancy	3,722	8,730
7. Medical	4,752	8,040
8. Health Services	13,779	25,990
9. Engineering	3,458	4,530
10. Architectural, Surveying and Planning	1,878	2,870
11. Labour (2 seats)	1,179	2,000
12. Social Welfare	2,082	3,960
13. Real Estate and Construction	371	1,720
14. Tourism	852	2,740
15. Commercial (First)	1,273	7,690
16. Commercial (Second)	1,784	9,924
17. Industrial (First)	781	2,813
18. Industrial (Second)	753	4,390
19. Finance	246	850
20. Financial Services	888	1,772
21. Primary Production, Power and Construction	75,174	1243,000
22. Textiles and Garments	60,568	1141,000
23. Manufacturing	113,957	1221,000
24. Import and Export	113,241	1353,000
25. Wholesale and Retail	101,988	1267,000
26. Hotels and Catering	69,592	1203,000
27. Transport and Communication	109,716	1304,000
28. Financing, Insurance, Real Estate and Business Services	171,534	1282,000
29. Community, Social and Personal Services	248,987	1446,000
Total	1,147,107	2,611,534
1 These figures are rough estimates only. Some of the potential electorate may overlap with the other functional constituencies.

1991 Legislative Council Functional Constituencies
Name	Number ofregistered electors	Estimated potential electorate
1. Urban Council	40	40
2. Regional Council	36	36
3. Rural	112	139
4. Education	38,678	53,243
5. Legal	1,240	2,544
6. Accountancy	2,276	4,660
7. Medical	4,031	6,518
8. Health Services	10,636	17,073
9. Engineering	2,848	3,205
10. Architectural, Surveying and Planning	1,438	2,238
11. Labour (two seats)	378	455
12. Social Welfare	181	207
13. Real Estate and Construction	373	579
14. Tourism	847	1,204
15. Commercial (First)	1,609	2,380
16. Commercial (Second)	2,348	5,658
17. Industrial (First)	460	744
18. Industrial (Second)	1,366	2,090
19. Finance	234	396
20. Financial Services	694	1,200
Total	69,825	104,609

PERSONAL DATA (PRIVACY) ORDINANCE

  Further to my earlier letter, you may find the following supplemental information useful.

  The core provisions of Personal Data (Privacy) Ordinance was first enacted on 20 December 1996. As at 30 June 1998, a total of 419 complaints had been received by the Privacy Commissioner for Personal Data. Investigations on 355 cases have been concluded, of which 14 are suspected offences. Eight of these suspected offences were referred to the Department of Justice which decided that no prosecution should be taken out in any of them. The Privacy Commissioner is considering the action to be taken in respect of the remaining six cases.

Results of Complaints received by the PCO from 20 December 1996 to 30 June 1998
Cases being processed		64
Cases concluded
Screened out due to lack of prima facie evidence		105
	Unsubstantiated after inquiry with the party complained against	39
	Resolved through mediation (See Note 1)	109
	Resolved through formal investigation (See Notes 1 and 2)	79
	Withdrawn or not pursuable (e.g., anonymous complaint)	23
		——
		355
Total complaints received		419
		——

NOTES

  1. Following mediations or formal investigations, the PC has issued 85 advisory/warning notifications to advise parties complained against to take remedial actions to comply with the PDPO. In addition, the PC has issued five enforcement notices to direct the parties complained against to take remedial actions to avoid repetition or continuation of the contravention.

  2. On the 79 cases of formal investigation, the results are as follows:

Contraventions of PDPO

43[1]

No contravention

36

79

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1   These include 14 cases of suspected offences. For eight cases, D of J has decided no prosecution to be taken out but where appropriate, the PC has issued advisory/warning notifications or enforcement notices to the parties complained against (see Note 1 above). The PC is considering the further action to be taken on the remaining six cases. Back

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Prepared 7 August 1998