HONG KONG
Since 2000
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Hong Kong has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
HONG KONG
Reported in 2021
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
De minimis threshold
Hong Kong is a free port, which means that no tariff is charged on import or export of goods. Therefore, there is no need to implement a de minimis threshold.
Coverage Horizontal
HONG KONG
Since June 2001
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Trade Marks Ordinance
According to the Trade Marks Ordinance, an application to register a domain name must be made to a domain name registrar, and the applicant for a domain name must accompany the application with evidence of entitlement to that name, such as a copy of its Business Registration Certificate. In addition, businesses that want to register a "com.hk" (English Domain Name) and/or ".公司.hk" and/or ".公司.香港" (Chinese Domain Names) must be registered companies in Hong Kong. Furthermore, there are no registration obligations for second-level ".hk" domain names, while third-level ".hk" domain names are exclusively accessible to entities with a local presence in Hong Kong.
Coverage Horizontal
HONG KONG
Reported in 2018
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Self-declaration of conformity
For a Prescribed Product, which include: plugs, adaptors, extension units, lampholders, flexible cords, unvented thermal storage type electric water heaters, the following are accepted as a certificate of safety compliance:
- A declaration of conformity issued by a 'recognized manufacturer';
- A certificate or test report issued by a 'recognized 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 organizations accredited by the Hong Kong Laboratory Accreditation Scheme (HOKLAS) or by the Hong Kong Accreditation Service (HKAS); Endorsed certificates or test reports issued by organizations that have been accredited by those bodies which have mutual recognition agreements with HOKLAS or HKAS.
For a Non-Prescribed Product, which include 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 'recognized manufacturer';
- A certificate or test report issued by a 'recognized 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 organizations accredited by the Hong Kong Laboratory Accreditation Scheme (HOKLAS) or by the Hong Kong Accreditation Service (HKAS); Endorsed certificates or test reports issued by organizations that have been accredited by those bodies which have mutual recognition agreements with HOKLAS or HKAS.
For a Non-Prescribed Product, which include 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
Since January 1963, last amended in April 2018
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Export restrictions on ICT goods, products and online services
Telecommunications Ordinance
Under Section 9 of the Telecommunications Ordinance, any persons who wish to import to or export from Hong Kong any radio transmitting apparatus are required to apply for an import or export license granted by the Communications Authority.
Coverage Radio transmitting apparatus
HONG KONG
Since May 1998, last amended in September 2016
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Export restrictions on ICT goods, products and online services
Copyright Piracy Ordinance
Any person who wishes import or export optical disc mastering and replication equipment (ODMRE) is required to apply for an import or export license provided by the Customs & Excise Department.
Coverage Optical disc mastering and replication equipment
HONG KONG
Since May 1998, last amended in September 2016
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Copyright Piracy Ordinance
Any person who wishes import or export optical disc mastering and replication equipment (ODMRE) is required to apply for an import or export license provided by the Customs & 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, products and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Waste Disposal Ordinance
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 and 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
Since 1963, last amended in 2012
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Telecommunications Ordinance
According to Section 9 of the Telecommunications Ordinance, any person who wishes to import to or export from 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
Since June 1998, last amended in July 2007
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for copyright infringement
Copyright Ordinance
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
Sources
HONG KONG
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbor 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 only restrain those who wilfully assist others to post 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 publication. 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
HONG KONG
Since June 2020
Since July 2020
Since July 2020
Pillar Domestic Data policies |
Sub-pillar 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
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
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 authorize 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 authorizations 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://www.dataguidance.com/sites/default/files/eng_translation_a406_en.pdf
- https://www.elegislation.gov.hk/hk/A406A!en
- https://www.dataguidance.com/notes/hong-kong-third-country-assessment
- https://www.theguardian.com/world/2020/sep/30/big-tech-firms-may-be-handing-hong-kong-user-data-to-china
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HONG KONG
Since December 1996, last amended in June 2020
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
Personal Data (Privacy) Ordinance
Under Section 33 of the Personal Data (Privacy) Ordinance, there are prohibitions against transfer of personal data to place 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 |
Sub-pillar 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 their cloud provider guarantees it will hand over information on request.
Coverage Financial sector
Sources
- https://apps.sfc.hk/edistributionWeb/gateway/EN/circular/intermediaries/supervision/doc?refNo=19EC59
- https://itif.org/publications/2022/12/12/the-cost-of-data-localization-policies-in-bangladesh-hong-kong-indonesia-pakistan-and-vietnam/
- 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
Since January 2020
Pillar Cross-border data policies |
Sub-pillar 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