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The Law Reform Commission today published Cyber-Dependent Crimes & Jurisdictional Issues, a report that recommends the introduction of new legislation to address five types of “cyber-dependent” crimes. The Government said it welcomed the report and will conduct a thorough study of its recommendations. The five types of “cyber-dependent” crimes identified are ones that can be committed only by using information and communications technology, namely illegally accessing programs or data, illegal interception of data, illegal interference with data, illegal interference with computer systems, and making available a device, program or data for use in committing a cyber-related crime. The commission’s Cybercrime Sub-committee has studied current laws in Hong Kong, as well as corresponding legislation in Australia, Canada, the Chinese Mainland, New Zealand, Singapore, the US, and England and Wales. It highlighted that, at present, different computer-related offences are covered in Hong Kong’s Crimes Ordinance and the Telecommunications Ordinance, but that some of these are outdated. Moreover, all of the other jurisdictions studied have legislated against the five types of cyber-dependent crime identified either through bespoke cyber-crime legislation or amending parts of existing codified laws. One of the report’s recommendations is that accessing programs or data without lawful authority should be a summary offence. It stresses that an aggravated form of the offence arises if the unauthorised access is accompanied by intent to carry out further criminal activity. The commission also recommends that unauthorised interception of computer data carried out for dishonest or criminal purposes should be an offence. It says this would protect both private and non-private communications, and would apply to data generally. In addition, the report proposes that both illegal interference with computer data and computer systems, and knowingly making available a device, program or data for use in committing a cyber-related crime, should be offences. In line with international norms, it recommends that Hong Kong law should provide for the extra-territorial application of the five cyber-dependent offences proposed. It adds that Hong Kong courts should have jurisdiction in cases where connections with Hong Kong exist. The report also advises that, as the severity of the harms caused by cyber-crime are wide-reaching, each of the proposed offences should carry a maximum sentence for summary convictions of two years’ imprisonment, and one of 14 years’ imprisonment for convictions on indictment. For aggravated forms of Interference Offences involving danger to life – for example, interference with a railway signal system – the proposed maximum penalty is life imprisonment. The commission said the report represents its first set of findings following the issuance of a consultation paper by its Cybercrime Sub-committee in 2022, and that responses to the paper were taken into account in formulating the recommendations contained in the report. It added that the report adopted the guiding principle of balancing the rights of users of information and communications technology and the interests of persons in the information technology industry against the need to protect the public against being disturbed or attacked when using or operating computer systems. In a statement, the Security Bureau said the Government will carefully consider how to follow up on the report and implement its recommendations. The commission’s Cybercrime Sub‑committee is also conducting further research into other aspects relating to cybercrime. The Government said it will study all of the commission’s findings carefully and thoroughly with a view to formulating comprehensive legislation that addresses the challenges to public order arising from advancements in information technology.
At
11 p.m.
at the Hong Kong Observatory :
Air temperature : 17 degrees Celsius
Relative Humidity : 67 per cent
The air temperatures at other places were:
Hong Kong Observatory17 degrees ;
King's Park16 degrees ;
Wong Chuk Hang15 degrees ;
Ta Kwu Ling13 degrees ;
Lau Fau Shan13 degrees ;
Tai Po13 degrees ;
Sha Tin12 degrees ;
Tuen Mun15 degrees ;
Tseung Kwan O15 degrees ;
Sai Kung16 degrees ;
Cheung Chau16 degrees ;
Chek Lap Kok17 degrees ;
Tsing Yi17 degrees ;
Shek Kong13 degrees ;
Tsuen Wan Ho Koon13 degrees ;
Tsuen Wan Shing Mun Valley13 degrees ;
Hong Kong Park16 degrees ;
Shau Kei Wan16 degrees ;
Kowloon City16 degrees ;
Happy Valley15 degrees ;
Wong Tai Sin16 degrees ;
Stanley17 degrees ;
Kwun Tong16 degrees ;
Sham Shui Po16 degrees ;
Kai Tak Runway Park17 degrees ;
Yuen Long Park12 degrees ;
Tai Mei Tuk15 degrees .
Communicable Diseases Watch Volume 21, Number 12, Weeks 48 - 51 (November 23 – December 20, 2025)
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