Category Archives: OTHERS

A victim of phone or email deception to get back the stolen proceeds

OTHERS

When you have unfortunately became a victim of phone or email deception, the first and foremost thing to do is making a police report.

The police will deal with the criminal aspect of the case and freeze the remaining proceeds in the culprit’s bank account.

You need to apply to court through civil proceedings for withdrawal of the proceeds from the bank account. The legal process needs to prove your entitlement on the proceeds so that the court can declare your entitlement and instruct the bank to pass the money to you.

White Collar Crime , Fraud and Regulatory Litigation

OTHERS

White collar crime is a financially motivated, nonviolent crime committed for illegal monetary gain.

It is “a crime committed by a person of respectability and high social status in the course of his occupation.” (per 1939 by Edwin Sutherland).

But this phrase has to be modified nowadays. White collar crime, fraud and regulatory problems know no boundaries. They can be committed by persons in all walks of life.

 

The most common white collar offences include : antitrust violation, computer and internet fraud, credit card fraud, phone and telemarketing fraud, bankruptcy fraud, healthcare fraud, insurance fraud, mail fraud, tax evasion, securities fraud, insider trading, bribery, kickbacks, counterfeiting, copyright infringement, money laundering, ponzi schemes, embezzlement and trade secret theft.

The duty of solicitor includes acting for clients who are victims of fraud. Sometimes, the solicitor advices clients who become involved in investigations and proceedings by criminal and regulatory agencies.

Personal Data Privacy

OTHERS

Data protection in Hong Kong is governed by the Personal Data (Privacy) Ordinance, Cap. 486.

This Ordinance deals with protection of privacy of individuals in relation to personal data. In other words, the scope of protection is confined to ‘information privacy’ only.

The impact and legal effects on the ‘data subject’ and ‘data user’ come from the main body of the Ordinance, the six Data Protection Principles (DDPs) in Schedule 1 of the Ordinance and the code of practices as stated in section 12 of the Ordinance.

 

The 6 DPPs

DPP1 : Purpose and Manner of Collection

DPP2 : Accuracy and Duration of Retention

DPP3 : Use of Personal Data

DPP4 : Security of Personal Data

DPP5 : Information to be Generally Available

DPP6 : Access to and Correction of Personal Data

Privacy Impact Assessment (PIA)

PIA is a systematic process that evaluates a proposal in term of its impact upon personal data privacy with the objective of avoiding or minimising adverse impact.

 

It helps an organization to :

 Identify the potential impact that a proposal may have upon individuals’ personal data privacy;

 Examine how any detrimental effects upon date privacy might be overcome; and

 Ensure that new projects comply with DPPs.

The list of matters to be addressed would include the followings :

Purpose – DPP1

Accountability Choice & Consent – DPP1

Collection Limitation – DPP1

Use & Processing – DPP3

Retention & Accuracy – DPP2

Access & Correction – DPP6

Security Protection – DPP4

Compliance – DPP5