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Hong Kong Considers Strengthening Cybercrime Laws
In an effort to combat the growing threat of cybercrime, Hong Kong’s Commissioner on Interception of Communications and Surveillance has proposed a series of amendments to existing legislation.
Proposed Changes
The proposed changes aim to strengthen laws governing the misuse of computers and computer systems, as well as unauthorized access and interception of data. The new legislation would provide for more effective protection against denial-of-service attacks, hacking, and phishing.
Current Legal Framework
Currently, Hong Kong’s legal framework for cybercrimes is based on existing laws that were enacted before the widespread use of technology. The Commissioner has identified gaps in these laws, which have led to a lack of clarity and inconsistent enforcement.
Proposed Amendments
The proposed amendments would introduce new offences related to illegal interference with computer data and systems, as well as unauthorized access to programs or data held in computers. The legislation would also provide for enhanced penalties for those found guilty of cybercrimes.
Recent Case
In a recent case, the Court of First Instance convicted an individual of destroying or damaging property, including a server, by directing his computer to carry out distributed denial-of-service attacks. The court construed section 59(1A) of the Crimes Ordinance liberally, holding that a DDoS attack on a server was a misuse of the server as it was not intended to handle such attacks.
Key Changes
- Introduction of new offences related to illegal interference with computer data and systems
- Enhanced penalties for those found guilty of cybercrimes
- Clarification of existing laws governing unauthorized access and interception of data
- Strengthened protection against denial-of-service attacks, hacking, and phishing
Next Steps
The Commissioner’s proposals are part of an ongoing consultation process with stakeholders and the public. The aim is to create a more comprehensive and effective legal framework for combating cybercrime in Hong Kong.
Timeline
The proposed legislation is expected to be implemented in the coming months. In the meantime, the public and stakeholders are encouraged to provide feedback on the proposals.
Source
Commissioner on Interception of Communications and Surveillance, Hong Kong Government.