Legal reform commission proposes cybercrime legislation
發佈日期: 2026-01-09 20:48
TVB News
The Law Reform Commission has released a report that contains 16 suggestions on cyber-related crimes and jurisdiction issues.
In Hong Kong, cybercrime offences are covered under the Crimes Ordinance and the Telecommunications Ordinance, some of which the commission says are outdated.
After taking references from overseas jurisdictions, the commission proposed 16 suggestions for five cyber-related crimes.
These include illegal access to programmes or data, illegal interception of computer data, and illegal interference with computer data and systems.
Several groups could be exempt: accredited cybersecuirty practitioners, parents who gain access to their children's computers for protection, and individuals who require data for research purposes.
The commission proposes a maximum sentence of 14 years for most basic offences, and life imprisonment for the aggravated crimes.
But the report has not touched upon AI-related offences.
"The way in which artificial intelligence can be used, at the moment, we can't even see the fringes of it because it's developing so rapidly," said Derek Chan, chairman of the Law Reform Commission's Cybercrime Subcommittee.
"It would need a separate and comprehensive set of review, which will go beyond the scope of our report in terms of reference. The way we have structured the five suggested offences is such that if artificial intelligence is used to commit that sort of crime then that would also be a crime."
A cybersecurity expert said the commission should strike a balance between legal and technological aspects.
"Technology is moving quickly," said Anthony Lai. "They (The commission) need to ensure that the technical part is included. Some very determined attackers (may) try to abuse the law and try to find out the gaps (within) the law and abuse the data and leak the data or attack the systems. So, this is my concern. They (the commission) need to catch up."
Lai said the report could enhance its clarification by including examples of cases that would constitute offensive behaviour under the proposed law.
