Internet censorship in Hong Kong
Encyclopedia
Internet censorship
in Hong Kong
refers to the law that criminalizes the distribution of certain materials, particularly child pornography, obscene images and pirated materials. Contrary to the Mainland China, freedom of expression is well protected by the Hong Kong Bill of Rights. No websites, regardless of its political views, are blocked. Anyone shall not require any license for operating a website.
Conviction upon indictment of any of these offences carries a maximum punishment of five years.
This section was enacted in 1993 before the explosion in the Internet and e-commerce generally. The section is not therefore well suited to cover the types of computer launched attacks that we have seen recently on the world stage.
There is legislation in the pipeline (Criminal Jurisdiction Ordinance (Amendment of Section 2(2)) Order 2002, which is still being debated) which will enable Hong Kong courts to exercise jurisdiction over the offences of
when these crimes are committed or planned outside the geographical boundaries of Hong Kong.
.
.
Internet censorship
Internet censorship is the control or suppression of the publishing of, or access to information on the Internet. It may be carried out by governments or by private organizations either at the behest of government or on their own initiative...
in Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
refers to the law that criminalizes the distribution of certain materials, particularly child pornography, obscene images and pirated materials. Contrary to the Mainland China, freedom of expression is well protected by the Hong Kong Bill of Rights. No websites, regardless of its political views, are blocked. Anyone shall not require any license for operating a website.
Crimes Ordinance
Hong Kong does not, as yet, have developed legislation dealing with computer crimes. Such legislation as there is can be found in section 161 of the Crimes Ordinance (Cap 200), which provides that it is an offence to obtain access to a computer:- With an intent to commit an offence;
- With a dishonest intent to deceive;
- With a view to gain for oneself or another; or
- With a dishonest intent to cause loss to another.
Conviction upon indictment of any of these offences carries a maximum punishment of five years.
This section was enacted in 1993 before the explosion in the Internet and e-commerce generally. The section is not therefore well suited to cover the types of computer launched attacks that we have seen recently on the world stage.
There is legislation in the pipeline (Criminal Jurisdiction Ordinance (Amendment of Section 2(2)) Order 2002, which is still being debated) which will enable Hong Kong courts to exercise jurisdiction over the offences of
- unauthorised access to a computer;
- criminal damage relating to the misuse of a computer; and
- access to a computer with criminal or dishonest intent
when these crimes are committed or planned outside the geographical boundaries of Hong Kong.
.
Internet pornography
Pursuant to the Control of Obscene and Indecent Articles Ordinance (Cap 390), it is an offence to publish an obscene article. Publication covers distribution, circulation, selling, hiring, giving, or lending the obscene article. Distribution by email would fall within the definition of distribution, as would the placing of an obscene article on a web site. It should also be noted that distribution does not require any element of financial gain to be present. The definition of article includes "anything consisting of or containing material to be read or looked at or both read and looked at, any sound recording, and any film, video-tape, disc or other record of a picture or pictures." The article will be considered obscene if, by reason by its obscenity, "it is not suitable to be published by any person." Obscenity includes "violence, depravity and repulsiveness". The penalty for this offence is up to three years imprisonment and a fine of up to HK$1,000,000.Internet censorship of March 1995
In March 1995, Hong Kong police raided all but one of the pioneering local ISPs offering dialup service, confiscated their servers and records and shut them down for a week blocking the access of 5000 to 8000 of Hong Kong's early internet adopters. The heavy-handed raids were thought to be instigated by Supernet (the one ISP not shut down) and coordinated by the Office of Telecommunications Authority (OFTA) working with the Commercial Crime Bureau (CCB) on the premise that the ISPs were operating without applying for a then-obscure Public Non-Exclusive Telecommunications Service (PNETS) License. Companies shut down were: Hong Kong Internet & Gateway Services (HKIGS) hk.net, Hong Kong Link InfoLink Ilink, Internet Online Hong Kong, Cybernet, Internet Connections and Asia Online.Internet censorship of January 2008
On 27 January 2008, The Hong Kong Police Force arrested suspects who were accused of uploading pornographic images after a multi-billion entertainment company filed a complaint about these photos available on the internet having been fabricated and might charge the offender for defamation. The obscene images were of the local pop-stars/actresses. The suspect first arrested was not qualified for a bail for the track record of credit card debts at HK$500,000 (approximately US$64,100). The others were arrested for the collection of these obscene images stored in their computers. Though it is often hard to track as internet IPs are very similar (nearly the same) in Hong Kong..
See also
- Censorship in Hong KongCensorship in Hong KongCensorship in Hong Kong has been lax since 1970s when the British government negotiated the sovereignty of Hong Kong with the government of the People's Republic of China...
- 2000s in Hong Kong
- CensorshipCensorshipthumb|[[Book burning]] following the [[1973 Chilean coup d'état|1973 coup]] that installed the [[Military government of Chile |Pinochet regime]] in Chile...
- Communications in Hong KongCommunications in Hong KongA wide-ranging and sophisticated communications network has developed in Hong Kong, reflecting its thriving commerce and international importance....
- Freedom of information legislationFreedom of information legislationFreedom of information legislation comprises laws that guarantee access to data held by the state. They establish a "right-to-know" legal process by which requests may be made for government-held information, to be received freely or at minimal cost, barring standard exceptions...
- Freedom of speechFreedom of speechFreedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
- International Freedom of Expression ExchangeInternational Freedom of Expression ExchangeThe International Freedom of Expression eXchange , founded in 1992, is a global network of around 90 non-governmental organisations that promotes and defends the right to freedom of expression....
- Legal status of Internet pornographyLegal status of Internet pornographyDue to the international nature of the Internet, Internet pornography carries with it special issues with regard to the law. There is no one set of laws that apply to the distribution, purchase, or possession of Internet pornography. Only the laws of one's home nation apply with regard to...
- Media biasMedia biasMedia bias refers to the bias of journalists and news producers within the mass media in the selection of events and stories that are reported and how they are covered. The term "media bias" implies a pervasive or widespread bias contravening the standards of journalism, rather than the...
- Politics of Hong KongPolitics of Hong KongPolitics of Hong Kong takes place in a framework of a political system dominated by its constitutional document, the Basic Law of Hong Kong, its own legislature, the Chief Executive as the head of government, and of a multi-party system...