Database

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HONG KONG

Since January 1963, last amended in March 2024

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Telecommunications Ordinance (Cap. 106)
According to Section 9 of the Telecommunications Ordinance, any person who wishes to import to Hong Kong any radio transmitting apparatus needs to obtain a permit granted by the Communications Authority, unless holding an unrestricted radio dealer's license.
Coverage Radio transmitting apparatus

HONG KONG

Reported in 2015, last reported in 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Import licence requirement for optical discs
It is reported that anyone wishing to import optical disc duplication and mastering equipment (ODMRE) must apply for an import licence issued by the Customs and Excise Department.
Coverage Optical disc mastering and replication equipment

HONG KONG

Since May 1980, last amended in December 2018

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Waste Disposal Ordinance (Cap. 354)
According to Art. 20A of the Waste Disposal Ordinance (in place since December 2018), a permit issued by the Environmental Protection Department is required for the import of waste-regulated electrical equipment (i.e., air conditioners, refrigerators, washing machines, televisions, computers, printers, scanners, and monitors).
Coverage Waste electrical and electronic equipment

HONG KONG

Since January 1963, last amended in March 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

HONG KONG

Reported in 2015, last reported in 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Export restrictions on ICT goods or online services
Export licence requirement for optical disc
It is reported that anyone wishing to export optical disc duplication and mastering equipment (ODMRE) must apply for an import licence issued by the Customs and Excise Department.
Coverage Optical disc mastering and replication equipment

HONG KONG

Since May 1980, last amended in December 2018

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Export restrictions on ICT goods or online services
Waste Disposal Ordinance (Cap. 354)
According to Art. 20A of the Waste Disposal Ordinance (in place since December 2018), a permit issued by the Environmental Protection Department is required for the export of waste-regulated electrical equipment (i.e., air conditioners, refrigerators, washing machines, televisions, computers, printers, scanners, and monitors).
Coverage Waste electrical and electronic equipment

HONG KONG

Reported in 2018

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, which includes 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, which means that no tariff is charged on the import or export of goods. Therefore, there is no need to implement a de minimis threshold.
Coverage Horizontal

HONG KONG

Since December 1996, last amended in June 2020

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Personal Data (Privacy) Ordinance (Cap. 486)
Under Section 33 of the Personal Data (Privacy) Ordinance, there are prohibitions against the transfer of personal data outside Hong Kong except in specified circumstances. However, this Section has not yet come into operation. If the data is transferred by a data controller to its outsourcing agent situated outside Hong Kong for processing the data, the data user remains liable for all acts done by its agent in relation to the mishandling of the personal data.
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

HONG KONG

Since 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

HONG KONG

Since December 1996, last amended in June 2020

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

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
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 to be 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

HONG KONG

Since June 1997, last amended in July 2007

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Copyright Ordinance (Cap. 528)
The Copyright Ordinance establishes a safe harbour regime for intermediaries for copyright infringements. The liability of Internet service providers (ISPs) will depend on the type of service being provided. The Copyright Ordinance (CO) provides specific exemption from liability for those service providers who merely provide physical facilities, such as the hardware and network infrastructure, to clients/customers for network communications and access through the internet. In addition, for other ISPs, liability for copyright infringement can arise if the ISP itself is found to have engaged in unauthorised acts or it is held responsible for contributing to or making possible the act of infringement by another. Depending on the type of service provided by the ISP, it may be liable for direct copyright infringement, either as a primary or secondary infringer. Under section 22(2) of the CO, even if an ISP does not commit direct infringement, it can still be liable on the basis that it "authorised" the infringing acts.
Coverage Internet intermediaries

HONG KONG

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Hong Kong's law and jurisprudence. On 31 October 2019, the High Court handed down an interim injunction against the "promotion, encouragement and incitement of the use or threat of violence via Internet-based platform or medium". Subsequently, the High Court amended its injunction to restrain only those who willfully assist others in posting inciting material online. In other words, online service providers (OSPs) are not in breach of the injunction, even if they enable posts to be made on their platforms without knowing the facts or contents of such publications. Furthermore, the injunction does not impose a positive duty on OSPs to search for or filter out unlawful content uploaded by others.
Coverage Internet intermediaries

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