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.

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.

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.

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.

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)] .

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').

Hong Kong has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

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.

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 carriers and mobile carriers are subject to accounting separation requirements to assist the Authority to monitor developments in the telecommunications industry in general. It is also reported that the Office of the Communications Authority (OFCA) requires a dominant operator to maintain and report accounts for different service segments of its licensed operations, while non-dominant operators are required to maintain and report accounts for their overall licensed operations only.

Hong Kong lacks a comprehensive framework for protection of trade secrets. However, confidential information, including trade secrets, is protected by the common law of confidence, as well as under express and implied terms of contract. 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: a declaration as to the confidentiality and the (lack of) entitlement to the use of the information; an injunction to restrain the use or further use of the confidential information; disclosure of any infringing use made of the information; delivery of any infringing materials damages or, at the Plaintiff’s election, an account of profits.

There is no obligation for passive infrastructure sharing in the Hong Kong to deliver telecom services to end users. However, it is practiced in the mobile sector and in the fixed sector based on commercial agreements.

Hong Kong has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Hong Kong has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

It is reported that piracy through illicit streaming devices (ISDs) is on the rise in Hong Kong posing a direct threat to content creators, sports leagues, and live performances, as well as legitimate streaming, on-demand, and over-the-top media service providers. However, it is reported that the rate of unlicensed software installation in the country was 38% in 2017 (below the 57% rate of the Asian Pacific countries), for an estimated commercial value of USD 277 million.

Hong Kong is a party to the Patent Cooperation Treaty (PCT).