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Protection for Whistleblowers and Informants in Hong Kong

A new legal update has highlighted the measures in place to protect individuals who report wrongdoing or provide information to authorities in Hong Kong. The update, published by law firm MinterEllison, notes that whistleblowers and informants are often granted immunity from civil liability and are protected from identification.

Employment Ordinance

Under the Employment Ordinance, employees who give evidence or information against their employer in relation to any enforcement action or accident can be protected from retaliation. A contravention of this section is a strict liability offence, punishable by a fine of up to HK$100,000.

Discrimination Legislation

Hong Kong’s discrimination legislation, including the:

  • Race Discrimination Ordinance
  • Sex Discrimination Ordinance
  • Disability Discrimination Ordinance
  • Family Status Discrimination Ordinance

all contain provisions that prohibit victimization. This means that individuals who have brought proceedings against someone or given evidence in connection with those proceedings cannot be treated less favourably than others.

Securities and Futures Ordinance

Auditors are granted immunity for reporting fraud or irregularity in companies under the Securities and Futures Commission Ordinance. This overrides their duty of confidentiality, providing them with protection from civil liability.

Prevention of Bribery Ordinance

Section 30A of the Prevention of Bribery Ordinance provides for the protection and secrecy of informers who report suspected bribery to the Independent Commission Against Corruption (ICAC). Informers are granted immunity from civil liability and their identities are protected in any subsequent proceedings.

Drug Trafficking (Recovery of Proceeds) Ordinance

Section 25A of the Drug Trafficking (Recovery of Proceeds) Ordinance provides that individuals who report knowledge or suspicion of drug trafficking can make a disclosure to an authorized officer without fear of prosecution. Once they make such a disclosure, they are exempted from any offence and are immune from breaches of contract and damages arising from the disclosure.

Organized and Serious Crimes Ordinance and United Nations (Anti-Terrorism Measures) Ordinance

Similar provisions exist in the:

  • Organized and Serious Crimes Ordinance
  • United Nations (Anti-Terrorism Measures) Ordinance

to protect individuals who make disclosures about organized crime or terrorism.

The authors of the legal update, Jun Kwong and Christie Leung from MinterEllison, note that these protections are in place to encourage individuals to come forward and report wrongdoing without fear of retaliation. “These measures demonstrate Hong Kong’s commitment to upholding ethical standards and combating corruption,” they said.

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