Computer Crimes Ordinance

The main piece of legislation introduced against computer related crime is the Computer Crimes Ordinance. Enacted in 1993, it has, through amending the Telecommunications Ordinance (Cap. 106), Crimes Ordinance (Cap. 200) and Theft Ordinance (Cap. 210), created some new offences and broadened the coverage of existing offences.

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Electronic Transactions Ordinance

Enacted on 7 January 2000 to facilitate the use of electronic transactions for commercial and other purposes. It gives electronic records and digital signatures used in electronic transactions the same legal status as that of their paper-based counterparts. It also enables the Postmaster General to provide the services of a certification authority.

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The Unsolicited Electronic Messages Ordinance

The Unsolicited Electronic Messages Ordinance (UEMO) was enacted in May 2007 with an aim to regulate the sending of all forms of commercial electronic messages (CEMs) with the "Hong Kong link". It establishes the rules for sending CEMs such as providing accurate sender information and unsubscribe facilities as well as the launch of the do-not-call registers, and prohibits professional spamming activities such as the use of unscrupulous means to gather/generate recipient lists for sending CEMs without the consent of recipients, and fraudulent activities related to the sending of multiple CEMs.

For detail, please visit Antispam and OFTA website.

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Personal Data (Privacy) Ordinance ( Summary | Full Ordinance )

To protect the privacy interests of living individuals in relation to personal data. The Ordinance covers any data relating directly or indirectly to a living individual (data subject), from which it is practicable to ascertain the identity of the individual and which are in a form in which access or processing is practicable. It applies to any person (data user) that controls the collection, holding, processing or use of personal data.

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Copyright Ordinance

Hong Kong's new Copyright Ordinance came into effect on 27 June 1997. It provides comprehensive protection for recognised categories of literary, dramatic, musical and artistic works, as well as for films, television broadcasts and cable diffusion, and works made available to the public on the Internet.

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Other Related Ordinances

In many cases, although no explicit reference to the cyber environment is made, the relevant legislation may be interpreted to cover both the physical and the virtual worlds. For example, the provisions of the Personal Data (Privacy) Ordinance are equally applicable to the cyber environment as the physical environment.