Cap. 316 - Census and Statistics Ordinance

To provide for the taking of a census of population and the collection, compilation and publication of statistical information concerning Hong Kong and for matters connected therewith; and to repeal the Census Ordinance. [26 May 1978](Format changes—E.R. 3 of 2022) Part I Preliminary 1. Short title This Ordinance may be cited as the Census and Statistics Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires—census of population (人口普查) means a census of population taken under section 9; census officer (統計員) means— (a) the Commissioner; (b) any person employed or whose services are used under section 5; Commissioner (處長) means the Commissioner for Census and Statistics appointed under section 3;functions (職能) includes powers and duties;occupier (佔用人), in relation to any premises, includes any person in charge or command thereof and, where such person is a corporation, any director, secretary, manager or other person concerned in the management of the corporation or actually in charge of the premises on behalf of the corporation; premises (處所) includes— (a) any land; (b) any building or other structure, whether permanent or temporary; (c) any part of any premises which is used as a dwelling or place of business or other activity separately from any other part; (d) any vessel, train, aircraft or vehicle; sampling (抽樣) means a statistical procedure by which information relating to a whole field of inquiry is derived by applying statistical techniques to information obtained in respect of a proportion of the total number of persons concerned in the relevant field of inquiry;schedule (統計表格) means any form or other document issued by the Commissioner for collecting statistical information in any statistical inquiry;specified person (指明的人), in relation to any statistical inquiry, means a person of a class or description of persons specified for the purpose of such inquiry in an order under section 9(2)(a)(iii) or section 11(2)(a)(iii) or in a notice under section 11A(2)(a)(ii); (Amended 1 of 1990 s. 2) statistical inquiry (統計查詢) means— (a) a census of population; (b) a survey carried out under this Ordinance; (Replaced 1 of 1990 s. 2) statistical survey (統計調查) means a survey carried out under Part III; (Added 1 of 1990 s. 2)undertaking (經營) means any undertaking whether by way of trade or business or otherwise;voluntary statistical survey (自願性質的統計調查) means a survey carried out under Part IIIA. (Added 1 of 1990 s. 2)(Amended 1 of 1990 s. 2; E.R. 3 of 2022) 3. Commissioner for Census and Statistics (1) There shall be a Commissioner for Census and Statistics who shall be appointed by the Chief Executive. (Amended 31 of 1999 s. 3)(2) Any person holding or acting in the public office of Commissioner for Census and Statistics immediately before the commencement* of this Ordinance shall continue to hold or to act in such office, as the case may be, as if appointed under this section. Editorial Note: * Commencement date: 26 May 1978. 4. Functions of Commissioner Subject to this Ordinance, the functions of the Commissioner are—(a) to make such arrangements and to do all such things as are necessary for the taking of any census of population or the carrying out of any survey;(b) to collect, compile, analyse, abstract and publish statistical information relating to the commercial, industrial, financial, social, economic and general activities and condition of the people,and for those purposes to design and use such schedules as he thinks fit and to lay down the instructions and procedures necessary for the proper distribution, completion and return thereof. 5. Temporary employment of persons as census officers (1) The Commissioner may employ temporarily, whether for payment or otherwise, such number of persons to be census officers as may appear to him to be necessary for the purpose of carrying out any statistical inquiry.(2) The Commissioner may, with the approval of the Secretary for the Civil Service, use the services of any public officer for the purposes of any statistical inquiry.(3) The duties of a person employed under subsection (1) or whose services are used under subsection (2) shall be such as the Commissioner may determine. 6. Declaration of secrecy Every census officer shall, before entering upon his duties, complete a declaration either in Form 1 or Form 2 in the Schedule. 7. Identification of census officers (1) The Commissioner shall issue to every census officer who is engaged in a statistical inquiry a certificate specifying the nature of the inquiry and stating that the person named therein is authorized to act as a census officer for the purpose of that inquiry; and a census officer shall produce such certificate for inspection by any person who may question his authority to exercise any function conferred on a census officer by this Ordinance.(2) A certificate purporting to be issued under subsection (1) by the Commissioner shall be admissible in evidence in any civil or criminal proceedings and shall, until the contrary is proved, be sufficient evidence of the facts stated therein.(3) In addition to the issue of a certificate under subsection (1), the Commissioner may issue to census officers such insignia, arm bands or other tokens as he may consider necessary for the purpose of identification. 8. Power of Chief Executive to give directions (1) The Chief Executive may give to the Commissioner or any other public officer such directions as he thinks fit with respect to the exercise or performance of his functions under this Ordinance, and such directions may be given generally or in respect of any particular case.(2) A person to whom a direction is given by the Chief Executive under subsection (1) shall, in the exercise or performance of his functions under this Ordinance, comply with that direction.(Amended 31 of 1999 s. 3) Part II Census of Population 9. Power to direct census of population to be taken (1) The Chief Executive in Council may, by order in the Gazette, direct that a census of population be taken for Hong Kong or any part thereof. (Amended 31 of 1999 s. 3)(2) Any order made under subsection (1) in respect of a census of population—(a) shall specify—(i) the purpose for which the census is required;(ii) the persons, premises, establishments or other matters, in respect of which particulars for the purpose of the census are to be obtained;(iii) the class or description of persons who are required to give information for the purpose of the census;(iv) the date or dates on which or the period in respect of which the census is to be taken;(v) the date by which all completed schedules collected or received by census officers for the census and all copies thereof shall be destroyed; and(b) may authorize the use of sampling methods for the collection of information relevant to the census. 10. Enumeration of armed forces and travellers The Commissioner may, in such manner as he thinks fit, obtain such particulars as may be required for the purposes of any census of population regarding—(a) any naval, military or air force personnel for the time being in Hong Kong whether engaged in the Chinese People’s Liberation Army or in the armed forces of any foreign state; and (Amended 23 of 1998 s. 2; 2 of 2012 s. 3)(b) any persons who, at the time of the taking of the census, are travelling or are on board any vessel or for any reason are not residing in any premises of which account is to be taken in the census. Part III Statistical Surveys 11. Power to direct statistical surveys (1) The Secretary for Financial Services and the Treasury may, by order in the Gazette, direct that a statistical survey be carried out in relation to any matter specified in section 4(b) other than a census of population. (Amended 87 of 1993 s. 2; L.N. 106 of 2002)(2) An order made under subsection (1)—(a) shall specify—(i) the purposes for which the survey is required;(ii) the persons in respect of whom or matters in respect of which information is to be given for such purposes;(iii) the class or description of persons who are required to give information for such purposes;(iv) the date by which all completed schedules collected or received by census officers for the survey and all copies thereof shall be destroyed; and(b) may—(i) specify the date or dates on which or the period in respect of which the survey is to be carried out;(ii) require any specified person to furnish to the Commissioner, in such form and manner and within such time as may be specified in the order, such estimates or returns as may be so specified relating to the matters which are the subject of the survey;(iii) authorize the use of sampling methods for the collection of the statistical information relevant to the survey. Part IIIA Voluntary Statistical Surveys (Part IIIA added 1 of 1990 s. 3) 11A. Notification of voluntary statistical survey (1) The Commissioner may, by notice in the Gazette, declare his intention to carry out a voluntary statistical survey under this Part to collect, compile, analyse, abstract and publish statistical information relating to the commercial, industrial, financial, social, economic and general activities and condition of the people.(2) A notice under subsection (1) shall give a descriptive title to the survey and—(a) shall so far as is practicable having regard to the purposes of the survey, specify—(i) the nature of the survey;(ii) the class or description of persons from whom information is sought;(iii) the date by which all completed schedules collected or received by census officers for the survey and all copies thereof shall be destroyed; and(b) may—(i) specify the date or dates on which or the period in respect of which the survey is to be carried out;(ii) permit the use of sampling methods for the collection of the statistical information relevant to the survey. 11B. Sections 13 to 17 disapplied Sections 13 to 17 shall not apply to a survey carried out under this Part. Part IV Delivery and Completion of Schedules 12. Delivery of schedules (1) For the purpose of carrying out a statistical inquiry, the Commissioner may direct any census officer to deliver, in accordance with such direction, to any specified person one or more schedules for completion by such person.(2) For the purpose of taking a census of population, the Commissioner may direct any census officer to deliver or cause to be delivered to the person in charge of any of the following premises—(a) any public or private institution of any kind whatsoever in which inmates reside, whether for payment or otherwise, including any penal, corrective or remand establishment; or(b) any hotel, boarding house, lodging-house, club or other residential establishment,a schedule to be completed by that person in respect of the persons who, at the time of taking the census, are in or upon such premises.(3) Delivery under subsection (1) of a schedule to a specified person may be effected—(a) personally by a census officer;(b) by being sent by post to the last known postal address of such specified person;(c) by being left by a census officer at his last known residential address or at any undertaking of such specified person, or in the case of a corporation, at its registered office or principal place of business.(4) For the purpose of providing information for specified persons generally in relation to a statistical inquiry, including the instructions and procedures laid down under section 4 for the completion of schedules, the Commissioner may give such publicity to the inquiry by means of advertisements or otherwise as he may deem fit. 13. Completion and return of schedules (1) Any person (not being a person to whom subsection (2) applies) to whom a schedule relating to a statistical inquiry is delivered under section 12 shall complete it or cause it to be completed to the best of his knowledge and belief by providing the information specified, in the manner and within the time indicated, in such schedule and shall thereafter return it in the manner and within the time specified therein.(2) If any person to whom a schedule is delivered under section 12 is unable either himself to complete it in the manner or within the time indicated therein, or to cause some other person so to complete it, he shall return the schedule in the manner and within the time specified therein and shall declare, either verbally or in writing, his inability to complete the schedule and the reasons for such inability.(3) Notwithstanding anything contained in subsection (1) or (2), any census officer charged with the delivery of any schedule for completion by any person for the purpose of any statistical inquiry may either at the request of such person or of his own motion, obtain verbally from such person the particulars required for completion of the schedule and complete the schedule in the manner required.(4) Where any specified person is—(a) resident outside Hong Kong;(b) a corporation incorporated outside Hong Kong;(c) unable to complete a schedule by reason of sickness, absence or other sufficient cause,the delivery of a schedule to the premises of any such specified person shall, for the purposes of this section, be a sufficient requirement to any manager or agent of the specified person, who is in possession of or has access to the information required therefor, to complete the schedule and to return it in the manner directed therein.(5) Where reasonable grounds exist for believing that any specified person has withheld or incorrectly given any information in his possession which, in the opinion of the Commissioner, is required for the purpose of the completion by such specified person of any schedule, and the Commissioner so directs, a census officer may, at any reasonable time and on production of the certificate issued to him under section 7 for examination by any person requiring evidence of his identity, enter any premises occupied by such specified person and may therein—(a) deliver or collect any schedule or make any inquiries necessary for the completion or checking thereof;(b) inspect, extract information from or make copies of any document for the purpose of completing any schedule;(c) check any information obtained or obtain any further information required in respect of any statistical inquiry;and may, in the light of any information so obtained, complete any schedule or add to or delete from any schedule any name or particular or otherwise correct any material particular therein:Provided that the powers conferred by this subsection shall not be exercisable in relation to any statistical inquiry except—(i) where a date is or dates are specified in the order relating to that statistical inquiry under section 9(2)(a)(iv) or, as the case may be, section 11(2)(b)(i), within 2 months after that date or the later of those dates; or(ii) where a period is so specified, within that period and the period of 12 months next thereafter.(6) Any person who contravenes subsection (1) or (2) commits an offence. 14. Questions by census officers to be answered (1) Every person, whether or not he is a specified person, in possession of information required to be given for the completion of a schedule shall, to the best of his knowledge and belief, answer any question put to him by a census officer which is necessary for the completion of the schedule.(2) Any person who contravenes subsection (1) commits an offence. Part V General 15. Duty of occupiers to grant access to premises (1) The occupier of any premises shall permit any census officer seeking access to the premises in accordance with section 13 to enter the premises for the purpose of the exercise of any of his functions under that section.(2) The occupier of any premises shall, upon the request of a census officer, permit such officer to paint or mark on or affix to such premises any letters, marks, numbers or other means of identification which appear to the Commissioner to be necessary for the purpose of carrying out a statistical inquiry.(3) Any person who—(a) refuses or fails to comply with any request made to him by a census officer under subsection (1) or (2); or(b) before the expiration of a period of 2 months from the date on which any letter, mark, number or other means of identification is painted or marked or affixed by a census officer under subsection (2), removes or obliterates or alters such letter, mark, number or other means of identification without the permission of a census officer,commits an offence. 16. False entries in schedules or returns Any person who enters or causes to be entered in any schedule or return required to be completed or made by him under this Ordinance any particular which he knows to be false or which he does not believe to be true commits an offence. 17. Obstructing census officers Any person who obstructs any census officer acting in the course of his duty under this Ordinance commits an offence. 18. Impersonation of census officers, etc. Any person who—(a) with the intention of obtaining any information from any person, impersonates a census officer; or(b) without lawful excuse, has in his possession any document purporting to be a certificate issued under section 7(1) or any insignia, arm band or other token issued under section 7(3) or any insignia, arm band or token so nearly resembling any such insignia, arm band or other token as to be likely to deceive,commits an offence. 19. Offences by census officers Any census officer and any person engaged in the preparation of any schedule, return, abstract, report or other document in connexion with any statistical inquiry who—(a) without reasonable cause, refuses or neglects to comply with any lawful instruction issued to him by the Commissioner;(b) in the pretended performance of his duties under this Ordinance, obtains or seeks to obtain any information which he is not authorized to obtain; or(c) knowingly makes any false return or alters any particular contained in any such schedule, return, abstract, report or other document with intent to falsify the same,commits an offence. 20. Custody of documents Any person having the custody, whether on his own behalf or on behalf of any other person, of—(a) any schedule completed or return made under this Ordinance; or(b) any abstract, report or other document containing particulars (other than particulars to which section 22(2) applies) obtained in the course of any statistical inquiry which enable identification of any individual or undertaking,who fails to keep such schedule, return, abstract, report or other document at all times in a manner reasonably calculated to prevent any unauthorized person having access thereto commits an offence. 21. Offence to publish information knowingly received in contravention of Ordinance Any person who publishes or communicates any information which to his knowledge has been disclosed in contravention of this Ordinance to any other person commits an offence. 22. Restriction on publication and disclosure (1) Subject to subsections (2) and (3), any person who publishes or shows to any person otherwise than in the performance of any function under this Ordinance—(a) any schedule or other document or part thereof completed or any return or part thereof made for any of the purposes of this Ordinance;(b) any answer given to any question put for any of the purposes of this Ordinance; or(c) any particulars obtained in the course of any statistical inquiry which enable identification of an individual or undertaking,commits an offence.(2) Notwithstanding subsection (1), it shall not be an offence to publish or show to any person any particulars referred to in subsection (1)(c) which—(a) enable identification of an undertaking by reason only of the fact that they relate to that undertaking as being within a particular classification but do not enable identification of the capital employed or profits arising in such undertaking;(b) disclose in any directory of undertakings or otherwise any or any combination of the following particulars, namely, the name, the address, the type of business or the number of employees of any undertaking.(3) Nothing in this section shall be taken to prohibit—(a) the publication by the Commissioner of any statistical information in the form of abstracts, printed publications, press releases or otherwise as he may deem fit:Provided that in compiling any report, summary or communication to the public of information obtained under this Ordinance, the Commissioner shall so arrange it as to prevent any particulars published therein (other than particulars to which subsection (2) applies) from being identified as particulars relating to any particular individual or undertaking except with the previous consent in writing of the individual or, as the case may be, of the person carrying on the undertaking;(b) the production of such evidence as may be necessary for the purpose of any proceedings instituted for an offence against this Ordinance.(4) The Commissioner shall not be required to disclose any information obtained in the course of or as a result of any statistical inquiry to or for inspection by or for the use of any other authority for the purpose of or in connexion with the investigation of crime or the assessment or levying of any tax. 23. Penalties (1) Any person who commits an offence under section 13, 14, 15 or 19(a) is liable to a fine at level 1.(2) Any person who commits an offence under section 16, 17, 18, 19(b) or (c), 20, 21 or 22 is liable to a fine at level 2 and to imprisonment for 6 months.(Amended E.R. 3 of 2022) 24. Consent of Secretary for Justice required for prosecution of offences No prosecution for an offence against this Ordinance shall be commenced without the written consent of the Secretary for Justice.(Amended L.N. 362 of 1997) 25. Information obtained by statistical inquiry not admissible in evidence No census officer nor any other person shall be required in any civil or criminal proceedings whatsoever to give in evidence any information relating to particulars concerning any person, institution or undertaking obtained by him in the course of and as a result of his connexion with any statistical inquiry or with the preparation of any schedule, return, abstract, report or other document compiled in connexion with such inquiry; and no schedule completed or return made under this Ordinance, nor any abstract, report or other document (other than an abstract, report or other document published in accordance with section 22) which contains particulars relating to any individual, institution or undertaking obtained in the course of and as a result of any statistical inquiry, shall be admissible in evidence in any such proceedings: (Amended L.N. 386 of 1993)Provided that nothing in this section shall be taken to prohibit the production of such evidence as may be necessary for the purpose of any proceedings instituted for an offence against this Ordinance. 26. Regulations (1) The Chief Executive in Council may by regulations provide for the better carrying out of the provisions of this Ordinance. (Amended 31 of 1999 s. 3)(2) Regulations made under this section may provide that a contravention of any specified provision of such regulations shall be an offence and may prescribe penalties therefor not exceeding a fine at level 1. (Amended E.R. 3 of 2022) 27. Amendment of Schedule The Chief Executive may, by order in the Gazette, amend the Schedule.(Amended 31 of 1999 s. 3) 28. Repeal and transitional (1) The Census Ordinance (Cap. 316, 1964 R. Ed.) is repealed.(2) This Ordinance shall apply in relation to information obtained in the course of a census taken under the Census Ordinance (Cap. 316, 1964 R. Ed.) as it applies in relation to information obtained in the course of a statistical inquiry carried out under this Ordinance.(3) Any census directed to be taken under the Census Ordinance (Cap. 316, 1964 R. Ed.) which is not completed prior to the commencement# of this Ordinance may be continued and completed in all respects after the commencement of this Ordinance as if it had been directed to be carried out by an order under section 11. Editorial Note: # Commencement date: 26 May 1978. Schedule [ss. 6 & 27]Declaration to be Completed by Census Officers Form 1 I, ., do solemnly and sincerely declare that I will carry out my duty as a census officer to the best of my ability and will faithfully record on any schedule completed by me on behalf of any person all particulars reported to me by such person and will deliver such schedule to my superior officer and will not otherwise disclose to any person, except a person authorized to receive it, any information of which I have become aware in the course of my duty as a census officer. (Signed) Date _ Form 2 本人(姓名).謹以至誠聲明：本人願竭盡所能，執行統計員職務，將任何人提供之一切資料，在統計表內忠實紀錄填報，並將該統計表呈交上司。對於從統計員職務上得悉之資料，本人絕對嚴守秘密，除獲授權接受該等資料之人員外，不向任何人洩露。 (簽署) 日 期 (Amended 1 of 1990 s. 4)