Q: We are a radio paging services company. Is it possible that we provide in paging licence conditions to provide the right of our company to obtain and retain copies of our customer ID cards for future dealings with the customers whether directly or indirectly?
A: As a general matter, contract conditions cannot in law have the effect of overriding or derogating from the requirements of the Ordinance. We have previously come across service conditions that purport, or could be construed as purporting, to do this. To avoid confusion we have previously advised that such conditions be amended to remove any such implication or that they should be made subject to an express statement that they do not prejudice the application of the Ordinance.