Cap. 9 Art. 350Definitions.

(1) In this Title, and subject to the provisions of sub-

article (2):

"appropriate consent" means -

(a) in relation to a person who has attained the age of eighteen years, the consent of that person;

(b) in relation to a person who has not attained the age of eighteen years but has attained the age of fourteen years, the consent of that person and the consent of his parent or guardian;

(c) in relation to a person who has not attained the age of fourteen years, the consent of his parent or guardian; "Attorney General" shall have the same meaning as assigned to it in article 2 of the Attorney General Ordinance and includes the Deputy Attorney General and other officers of the Attorney General. "designated police station" means a police station designated by the Minister responsible for the Police by a notice published in the Gazette;

"excluded material" means:

(a) personal records acquired or created by a person in the course of any trade, business, profession or other occupation, or for purposes of any paid or unpaid office and which he holds in confidence;

(b) human tissue or tissue fluid which has been taken for the purpose of diagnosis or medical treatment and which a person holds in confidence;

(c) journalistic material which a person holds in confidence; "intimate sample" means a sample of blood, semen or any other tissue fluid, or pubic hair, and includes a swab taken from a person’s body orifice other than the mouth; "intimate search" means a search which consists of the physical examination of a person’s body orifices other than the mouth; "items subject to legal privilege" means any communication between a professional legal adviser and his client or any person representing his client and any document or record enclosed with or referred to in such communication and made in connection with the giving of legal advice or in connection with or in contemplation of legal proceedings and for the purposes of such proceedings, but the expression does not include items held with the intention of furthering a criminal purpose; "journalistic material" means material in the possession of a person who acquired or created it for the purposes of journalism and a person who receives material from someone who intends that the recipient shall use it for the purposes of journalism is to be taken to have acquired it for those purposes; "non-intimate sample" includes -

(a) a sample of hair other than pubic hair;

(b) a sample taken from a nail or from under a nail;

(c) a swab taken from any part of a person’s body including the mouth but not any other body orifice;

(d) urine or saliva;

(e) a footprint or a similar impression of any part of a person’s body other than a part of his hand;

(f) a voice sample; "personal records" means documentary and other records concerning an individual (whether living or dead) who can be identified from them and relating -

(a) to his physical or mental health; or

(b) to spiritual counselling or assistance given or to be given to him; or

(c) to counselling or assistance given or to be given to him, for the purposes of his personal welfare, by any voluntary organisation or by any individual who by reason of his office or occupation has responsibilities for his personal welfare or by reason of an order of a court has responsibilities for his supervision; "Schengen Information System" means the Schengen Information System as established by Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System

(SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/ JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/ EU.

(2) For the purpose of this article:

(a) a person holds journalistic material in confidence if -

(i) he holds it subject to such an undertaking, restriction or obligation; and

(ii) it has been continuously held (by one or more persons) subject to such an undertaking, restriction or obligation since it was first acquired or created for the purposes of journalism;

(b) a person holds material other than journalistic material in confidence if he holds it subject -

(i) to an express or implied undertaking to hold it in confidence; or

(ii) to a restriction on disclosure or an obligation of secrecy contained in this Code or in any other law.