HONG KONG
Since January 1963, last amended in October 2024
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Telecommunications Ordinance (Cap. 106)
Under Section 9 of the Telecommunications Ordinance, any person who wishes to export any radio transmitting apparatus from Hong Kong is required to apply for an import or export license granted by the Communications Authority.
Coverage Radio transmitting apparatus
Sources
- https://www.elegislation.gov.hk/hk/cap106%21en.pdf
- https://web.archive.org/web/20211026020332/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/G/LIC/N3HKG21.pdf
- https://web.archive.org/web/20211026020333/https://www.ofca.gov.hk/filemanager/ofca/common/electronic_services/info_note/I187_17_en.pdf
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HONG KONG
Since June 1970, last amended in August 2025
Since January 1972, last amended in July 2025
Since January 1972, last amended in July 2025
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Import and Export Ordinance (Cap. 60)
Import and Export (General) Regulations
Import and Export (General) Regulations
Under s. 6D(1) of the Import and Export Ordinance (Cap. 60), no person may export any article specified in Schedule 2 to the Import and Export (General) Regulations without an export licence. The Import and Export (General) Regulations (Cap. 60A), Schedule 2 (Part 2, item 3) accordingly lists “optical disc mastering and replication equipment” as a controlled product subject to this export licensing requirement.
Coverage Optical disc mastering and replication equipment
HONG KONG
N/A
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Self-declaration of conformity
For a Non-Prescribed Product, which includes: plugs, adaptors, extension units, lamp holders, flexible cords, and unvented thermal storage type electric water heaters, the following are accepted as a certificate of safety compliance:
- A declaration of conformity issued by a 'recognised manufacturer';
- A certificate or test report issued by a 'recognised certification body' (RCB) under registration of EMSD in one of the following: CB test certificates issued by National Certification Bodies participating in the CB Scheme; Endorsed certificates or test reports issued by organisations accredited by the Hong Kong laboratory Accreditation Scheme (HOKLAS) or by the Hong Kong Accreditation Service (HKAS); Endorsed certificates or test reports issued by organisations that have been accredited by those bodies which have mutual recognition agreements with HOKLAS or HKAS.
For a Non-Prescribed Product (i.e., all other electrical products), in addition to the two types of documents stated above, a declaration of conformity (DOC) issued by the product manufacturer will also be accepted as a certificate of safety compliance. Non-prescribed products must comply with the Hong Kong Essential Requirements, which are presumed to be fulfilled if the product complies with relevant IEC standards. A Certificate of Conformity, as described below, or a Declaration of Conformity (DoC) is required to show compliance.
- A declaration of conformity issued by a 'recognised manufacturer';
- A certificate or test report issued by a 'recognised certification body' (RCB) under registration of EMSD in one of the following: CB test certificates issued by National Certification Bodies participating in the CB Scheme; Endorsed certificates or test reports issued by organisations accredited by the Hong Kong laboratory Accreditation Scheme (HOKLAS) or by the Hong Kong Accreditation Service (HKAS); Endorsed certificates or test reports issued by organisations that have been accredited by those bodies which have mutual recognition agreements with HOKLAS or HKAS.
For a Non-Prescribed Product (i.e., all other electrical products), in addition to the two types of documents stated above, a declaration of conformity (DOC) issued by the product manufacturer will also be accepted as a certificate of safety compliance. Non-prescribed products must comply with the Hong Kong Essential Requirements, which are presumed to be fulfilled if the product complies with relevant IEC standards. A Certificate of Conformity, as described below, or a Declaration of Conformity (DoC) is required to show compliance.
Coverage Selected electrical products, including plugs, adaptors, extension units
HONG KONG
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
De minimis threshold
Hong Kong is a free port, meaning no tariffs are charged on the import or export of goods. Therefore, there is no need to implement a de minimis threshold.
Coverage Horizontal
HONG KONG
Since June 2021, entry into force in September 2021, last amended in June 2022
Pillar Intermediary liability |
Indicator User identity requirement
Telecommunications (Registration of SIM Cards) Regulation (2021)
The Telecommunications (Registration of SIM Cards) Regulation came into effect in September 2021 to implement the Real-name Registration Programme for Subscriber Identification Module (SIM) Cards. According to Art. 5 of the Regulation, telecommunications operators must not activate SIM cards unless users have registered their personal data, including their full name in English and Chinese, HKID number or other identity document number, a copy of their identity document and date of birth.
Coverage Telecommunications service providers
HONG KONG
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive framework for trade secrets protection
Hong Kong lacks a comprehensive framework for the protection of trade secrets. However, confidential information, including trade secrets, is protected by the common law of confidence, as well as by express and implied contract terms. While there is no single definition of a trade secret in Hong Kong, the characteristics of a trade secret were summarised in the 2003 case of AXA China Region Insurance Co Ltd v. Pacific Century Insurance Co Ltd, namely that a trade secret or its equivalent must be information which: is used in a trade or business; is confidential, i.e. is not already in the public domain; can be easily isolated from other information which an employee is free to use; if disclosed to a competitor, would be liable to cause real or significant harm to the owner; and is restricted from dissemination by the owner of the information. In the case of infringement, court orders may include (i) a declaration as to the confidentiality and the (lack of) entitlement to the use of the information; (ii) an injunction to restrain the use or further use of the confidential information; (iii) disclosure of any infringing use made of the information; and (iv) delivery of any infringing materials damages or, at the Plaintiff’s election, an account of profits.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241111161626/https://www.twobirds.com/en/insights/2020/hong-kong/implementation-of-the-trade-secret-directive-an-update-from-hong-kong
- https://web.archive.org/web/20250425011149/https://www.ipd.gov.hk/en/ip-overview/trade-secrets/index.html
- https://web.archive.org/web/20250712095026/https://cms.law/en/int/expert-guides/cms-expert-guide-to-trade-secrets/hong-kong
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HONG KONG
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
There is no obligation for passive infrastructure sharing in Hong Kong to deliver telecom services to end users. However, it is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
HONG KONG
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Hong Kong does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, it is reported that major fixed and mobile carriers are subject to accounting separation requirements to assist the Authority in monitoring developments in the telecommunications industry. Section 7A of the Telecommunications Ordinance (Cap. 106) empowers the Authority to attach special conditions to carrier licences, enabling it to impose and enforce service-level accounting separation requirements through licence conditions and related directions.
It is further reported that the Office of the Communications Authority (OFCA) requires dominant operators to maintain and report accounts disaggregated by service segment within their licensed operations, whereas non-dominant operators are required to maintain and report accounts only for their licensed operations as a whole.
It is further reported that the Office of the Communications Authority (OFCA) requires dominant operators to maintain and report accounts disaggregated by service segment within their licensed operations, whereas non-dominant operators are required to maintain and report accounts only for their licensed operations as a whole.
Coverage Telecommunications sector
HONG KONG
Since April 1994
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Hong Kong has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20220119035511/https://www.wto.org/english/tratop_e/serv_e/telecom_e/sc39.pdf
- https://web.archive.org/web/20220331215538/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
- https://web.archive.org/web/20220119043046/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_highlights_commit_exempt_e.htm#country
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HONG KONG
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Office of the Communications Authority (OFCA), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
HONG KONG
Since March 2014, last amended in 2025
Pillar Cross-border data policies |
Indicator Local storage requirement
Companies Ordinance
Section 374 of the Companies Ordinance requires a company to maintain its accounting records either at its registered office or at another location determined by the directors, ensuring that they remain accessible to the directors at all times without charge. Where such records are kept outside Hong Kong, the corresponding accounts and returns relating to the business concerned must be sent to, and preserved at, a place within Hong Kong for the same purpose. Under section 2, company refers to an entity formed and registered under the Ordinance, an existing company, or a re‑domiciled company.
Coverage Horizontal
HONG KONG
Since October 2019, entry into force in June 2020
Pillar Cross-border data policies |
Indicator Conditional flow regime
Circular to Licensed Corporations - Use of external electronic data storage
Hong Kong’s Securities and Futures Commission released a circular in October 2019 that requires banks and other regulated groups to store data locally or ensure that their cloud provider will hand over information on request.
Coverage Financial sector
Sources
- https://web.archive.org/web/20251211185145/https://apps.sfc.hk/edistributionWeb/gateway/EN/circular/intermediaries/supervision/doc?refNo=19EC59
- https://web.archive.org/web/20240223011631/https://itif.org/publications/2022/12/12/the-cost-of-data-localization-policies-in-bangladesh-hong-kong-indonesia-pakistan-and-vietnam/
- https://web.archive.org/web/20230118024402/https://www.reuters.com/article/hongkong-regulators-cloud/hong-kong-regulator-considers-easing-strict-data-storage-rules-sources-idUSL3N2AQ1XA/
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HONG KONG
Signed in March 2019, entry into force in January 2020
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Australia - Hong Kong Free Trade Agreement and associated Investment Agreement
Hong Kong has joined an agreement with binding commitments to open transfers of data across borders: the Australia - Hong Kong Free Trade Agreement and associated Investment Agreement [Art. 11.7(2) and 11.15(1)].
Coverage Horizontal
Sources
- https://web.archive.org/web/20241213123802/https://www.unilu.ch/fileadmin/fakultaeten/rf/burri/TAPED/TAPED_Burri_Vasquez_Kugler_November_2024.xlsx
- https://web.archive.org/web/20260113180125/https://www.dfat.gov.au/trade/agreements/in-force/a-hkfta/a-hkfta-text/Pages/a-hkfta-chapter-11-electronic-commerce
HONG KONG
Since December 1996, last amended in October 2021
Pillar Domestic data policies |
Indicator Framework for data protection
Personal Data (Privacy) Ordinance (Cap. 486)
The Personal Data (Privacy) Ordinance, as amended in 2012 (the PDPO), is the main legislation in Hong Kong which aims to protect the privacy of individuals in relation to personal data and to regulate the collection, holding, processing, or use of personal data based on a set of data protection principles (DPPs).
Coverage Horizontal
HONG KONG
Since June 2020
Since July 2020, last amended in December 2023
Since July 2020, last amended in December 2023
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region
Detailed Implementation Rules for Article 43 of the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region
Detailed Implementation Rules for Article 43 of the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region
Pursuant to Art. 43 of the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (National Security Law), the Chief Executive may authorise the interception of communications or the covert surveillance of an individual if they think it is necessary and proportionate to the purpose for which such actions are sought. As a result, it is reported that the Law allows the government to request sensitive data if national security is deemed at risk, and that such authorisations are not legally reviewable. The National Security Law is implemented through the Implementation Rules for Art. 43 of the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241111162014/https://www.dataguidance.com/sites/default/files/eng_translation_a406_en.pdf
- https://web.archive.org/web/20240822210330/https://www.gld.gov.hk/egazette/pdf/20202444e/cs220202444136.pdf
- https://web.archive.org/web/20251023095355/https://www.info.gov.hk/gia/general/202312/15/P2023121500154.htm
- https://www.dataguidance.com/notes/hong-kong-third-country-assessment
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