To cover computer-related crimes, Telecommunications Ordinance (Cap. 106), Crimes Ordinance (Cap. 200) and Theft Ordinance (Cap. 210) have been amended to create some new offences and broaden the coverage of existing offences.
The following table shows the ordinances covering computer-related crimes
S. 161, Cap. 200
|Access to computer with criminal or dishonest intent||5 years' imprisonment|
S. 27A, Cap. 106
|Unauthorised access to computer by telecommunications||Fine of $25,000|
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.
Please visit https://www.elegislation.gov.hk/hk/cap553!en for more information.
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.
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.
Please visit Privacy Commissioner for Personal Data for more information.
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.
The following table shows intellectual property related laws
|1. Trade Marks Ordinance||Cap. 559|
|2. Patents Ordinance||Cap. 514|
|3. Registered Designs Ordinance||Cap. 522|
|4. Copyright Ordinance as amended by Intellectual Property (Miscellaneous Amendments) Ordinance 2000||Cap. 528|
|5. Copyright (Suspension of Amendments) Ordinance 2001||Cap. 568|
|6. Prevention of Copyright Piracy Ordinance||Cap. 544|
|7. Lay-out Design (Topography) of Integrated Circuits Ordinance||Cap. 445|
Source: Department of Justice of HKSAR
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.
Many other legislative provisions refer to "computer" or similar terms. Some examples are set out below.
The following table shows other related ordinance
S. 20, Evidence Ordinance (Cap. 8)
S. 22A, Cap. 8
S. 54, Cap. 8
making copy of entry in banker's record kept by means of a computer acceptable as evidence
making documentary evidence from computer records acceptable in criminal proceedings
including computer generated records within the meaning of "records"
|S. 2, Securities (Insider Dealing) Ordinance (Cap. 395)||including in the definition of "document" any form of computer input and output|
|S. 2, Land Survey Ordinance (Cap. 473)||including in the definition of "field note" a print-out from an electronic data recorder|
|S. 10, Protection of Non-Government Certificates of Origin Ordinance (Cap. 324)||empowering an authorised officer to demand any information contained in a computer to be produced in a form which can be taken away and which is either visible or legible|
|S. 83, Securities Ordinance (Cap. 333)||creating an offence for any person who wilfully stores false material particulars or falsifies any entry or destroys records in an electronic device|
|S. 13B, Smoking (Public Health) Ordinance (Cap. 371)||prohibiting the placing of tobacco advertisements on the Internet|
|S.3, Prevention of Child Pornography Ordinance (Cap. 579)||Creating offences for the printing, making, producing, reproducing, copying, importing, exporting, publishing, possessing and advertising of child pornography (child pornography includes computer-generated image or visual depiction made or generated by electronic means, etc.)|