Law Reform Commission proposes new cyber-crimes legislation

The Law Reform Commission on Wednesday proposed new legislation to address cyber-dependent crimes that can be committed only through the use of information and communications technology devices.  

The proposal came as the commission’s Cybercrime Sub-committee said there should be a law reform to address the challenges to the protection of individuals’ rights caused by the rapid developments associated with information technology, computers and the internet, and the potential for them to be exploited for carrying out criminal activities.  

The five cyber-dependent crimes addressed in the consultation paper on Cyber-Dependent Crimes and Jurisdictional Issues are illegal access to programs or data, illegal interception of computer data, illegal interference of computer data, illegal interference of computer systems, and making available or possessing a device or data for committing a crime.  

The sub-committee noted that currently, there are no ordinances in Hong Kong that specifically deal with cybercrime, and they hope such law reform could regulate unauthorized access to programs or data, as well as refine the statutory definition of “misuse of a computer” by incorporating notions such as “impair the operation of any computer” into it.  

Additionally, the paper proposed that Hong Kong courts should have jurisdiction in any case where connections with Hong Kong exist.  

It said each of the five proposed cyber-dependent offenses has two maximum sentences, one applicable to summary convictions (two years’ imprisonment) and the other to convictions on indictment (14 years imprisonment).  

A public consultation will be carried out for three months until October 19.  

“The Sub-committee welcomes views, comments, and suggestions on any issues discussed in the consultation paper,” it wrote.