Govt Law Reform Commission proposes new law targeting cyber-dependent crimes

The Law Reform Commission has released a report recommending dedicated legislation to address five categories of cyber-dependent offenses, where computers serve as both tools and targets of crime.

The proposed law would cover unauthorised access to programs or data, illegal interception of computer data, unauthorised interference with computer data, interference with computer systems, and providing or possessing devices, programs, or data intended for committing such offences.

Secretary for Justice Paul Lam Ting-kwok highlighted that current provisions in the Crimes Ordinance and Telecommunications Ordinance are outdated. 

The subcommittee, chaired by senior counsel Derek Chan, reviewed laws in jurisdictions including Australia, Canada, England and Wales, mainland China, New Zealand, Singapore, and the United States, noting most have specific cybercrime statutes.

This report marks the first phase of the commission's study on cybercrimes, following a 2022 consultation paper. 

Serious aggravated offenses involving data or system interference could carry life imprisonment, while standard convictions face up to 14 years.