Internet censorship in Hong Kong
   HOME

TheInfoList



OR:

In general, there is relatively little Internet censorship in Hong Kong beyond laws that criminalize the distribution of unlicensed copyrighted material and obscene images, particularly
child pornography Child pornography (also called CP, child sexual abuse material, CSAM, child porn, or kiddie porn) is pornography that unlawfully exploits children for sexual stimulation. It may be produced with the direct involvement or sexual assault of a chi ...
when compared to the rest of China. The
Hong Kong Bill of Rights The Hong Kong Bill of Rights Ordinance (HKBORO), often referred to as the Hong Kong Bill of Rights, is Chapter 383 of the Laws of Hong Kong, which transposed the International Covenant on Civil and Political Rights so that it is incorporated i ...
elaborates on these and other rights enjoyed by the people of Hong Kong.Although Hong Kong law provides freedom of speech and press, and
freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
is protected by the
Hong Kong Bill of Rights The Hong Kong Bill of Rights Ordinance (HKBORO), often referred to as the Hong Kong Bill of Rights, is Chapter 383 of the Laws of Hong Kong, which transposed the International Covenant on Civil and Political Rights so that it is incorporated i ...
,Hong Kong Bill of Rights
, 8 June 1991, Hong Kong Human Rights Monitor. Retrieved 30 June 2012
the
Hong Kong national security law The Hong Kong national security law, officially the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region, is a piece of national security legislation concerning Hong Kong. It ...
gives the government the power "take down any electronic messages published" that the government considers to endanger national security (see
Hong Kong national security law The Hong Kong national security law, officially the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region, is a piece of national security legislation concerning Hong Kong. It ...
). The government has blocked several anti-government, doxxing or politically sensitive websites after the commencement of the law (see blockages after 30 June 2020), leading to increased concerns of Internet censorship in Hong Kong. Government licences are not required to operate a website. There is some monitoring of the Internet. Democratic activists claim central government authorities closely monitor their e-mails and Internet use."Hong Kong"
, ''2011 Country Reports on Human Rights Practices'', Bureau of Democracy, Human rights, and Labor, U.S. Department of State, 24 May 2012


History and law

Hong Kong is a Special Administrative Region (SAR) of the
People's Republic of China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
(PRC). The 1984 Sino-British Joint Declaration on the Question of Hong Kong and the SAR's charter, the Basic Law of the SAR, specified that Hong Kong will enjoy a high degree of autonomy except in matters of defence and foreign affairs. Chapter III of the Basic Law outlines "Fundamental Rights and Duties of the Residents" including freedom of expression and association and privacy rights. The
Hong Kong Bill of Rights The Hong Kong Bill of Rights Ordinance (HKBORO), often referred to as the Hong Kong Bill of Rights, is Chapter 383 of the Laws of Hong Kong, which transposed the International Covenant on Civil and Political Rights so that it is incorporated i ...
elaborates on these and other rights enjoyed by the people of Hong Kong. The Hong Kong government enacted the
Hong Kong national security law The Hong Kong national security law, officially the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region, is a piece of national security legislation concerning Hong Kong. It ...
on 30 June 2020. Under its Article 43, local law enforcement unit was authorized to censor any resources when handling cases concerning offense endangering national security.


Computer crime ordinances

"Section 161: Access to computer with criminal or dishonest intent" of the Crimes Ordinance (Cap 200) which was enacted in 1993 before the widespread use the Internet and the growth of e-commerce generally, provides that it is an offence to obtain access to a computer: * with an intent to commit an offence; * with a dishonest intent to deceive; * with a view to gain for oneself or another; * or with a dishonest intent to cause loss to another. Conviction upon indictment of any of these offences carries a maximum punishment of five years. Section 27A of the Telecommunications Ordinance (Cap 106) enacted in 2000 provides that "any person who, by telecommunications, knowingly causes a computer to perform any function to obtain unauthorized access to any program or data held in a computer commits an offense and is liable on conviction to a fine of HK$20000".


Pornography

Pursuant to the Control of Obscene and Indecent Articles Ordinance (Cap 390), it is an offence to publish an obscene article. Publication covers distribution, circulation, selling, hiring, giving, or lending the obscene article. Distribution by e-mail falls within the definition of distribution, as does the placing of an obscene article on a website. Distribution does not require any element of financial gain. The definition includes "anything consisting of or containing material to be read or looked at or both read and looked at, any sound recording, and any film, video-tape, disc, or other record of a picture or pictures". An article will be considered obscene if, by reason by its obscenity, "it is not suitable to be published to any person". Obscenity includes "violence, depravity, and repulsiveness". The penalty for this offence is up to three years imprisonment and a fine of up to HK$1,000,000. It is an offence to possess, produce, copy, import, or export pornography involving a child under 18 years of age, or to publish or cause to be published any advertisement that conveys or is likely to be understood as conveying the message that any person has published, publishes, or intends to publish any child pornography. The penalty for creation, publication, or advertisement of child pornography is eight years’ imprisonment, while possession carries a penalty of five years’ imprisonment.


Copyright

The Copyright Ordinance (Chapter 528) provides the legal framework for copyright protection in Hong Kong. In April 2011 the government introduced the Copyright (Amendments) Bill 2011 that, if passed, will introduce (i) a new technology-neutral exclusive right for copyright owners to communicate their works through any mode of electronic transmission, with criminal sanctions against those who make unauthorised communication of copyright works to the public; (ii) safe harbour provisions for online service providers; and (iii) additional factors to consider by the courts when awarding additional damages for copyright infringement. There are complaints that the proposed amendments prohibiting unauthorised use of copyright material in any medium without permission threatens freedom of speech. The bill may negatively affect works of satire or parody on the Internet because there is no "fair-use exception". The government's position is that the amendments strengthen intellectual property rights. Some pan-democratic activists and supporters termed the bill an "
Internet Article 23 Copyright (Amendment) Bill 2014 () broadly refers to a set of proposed ordinances regulating the internet in Hong Kong. Under debate is the legality of derivative works popular on the internet, including doujin drawings, kuso, parodies, and the ...
" (a reference to
Hong Kong Basic Law Article 23 Hong Kong Basic Law Article 23 () is an article in the Hong Kong Basic Law, Basic Law, the organic law, constitution of Hong Kong. It states that Hong Kong "shall enact laws on its own to prohibit any act of treason, secession, sedition, subvers ...
, controversial anti-subversion measures the government proposed in 2002 that led to Hong Kong's largest-ever street demonstrations, the proposed article was withdrawn in September 2003).


Hong Kong national security law

Article 43 of Hong Kong national security law states that platforms,
publishers Publishing is the activity of making information, literature, music, software and other content available to the public for sale or for free. Traditionally, the term refers to the creation and distribution of printed works, such as books, newsp ...
, and
internet service provider An Internet service provider (ISP) is an organization that provides services for accessing, using, or participating in the Internet. ISPs can be organized in various forms, such as commercial, community-owned, non-profit, or otherwise private ...
s may be ordered to take down electronic messages published that are "likely to constitute an offence endangering
national security National security, or national defence, is the security and defence of a sovereign state, including its citizens, economy, and institutions, which is regarded as a duty of government. Originally conceived as protection against military atta ...
or is likely to cause the occurrence of an offence endangering national security". Individuals, organizations, and companies who do not comply with such requests could face fines of up to 100,000
HKD The Hong Kong dollar (, sign: HK$; code: HKD) is the official currency of the Hong Kong Special Administrative Region. It is subdivided into 100 cents or 1000 mils. The Hong Kong Monetary Authority is the monetary authority of Hong Kong and ...
(12,903 USD) and put into prison for six months. The
Hong Kong chief executive The Chief Executive of the Hong Kong Special Administrative Region is the representative of the Hong Kong Special Administrative Region and head of the Government of Hong Kong. The position was created to replace the office of governor of H ...
may authorize the
police The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and t ...
to intercept communications and conduct
surveillance Surveillance is the monitoring of behavior, many activities, or information for the purpose of information gathering, influencing, managing or directing. This can include observation from a distance by means of electronic equipment, such as c ...
to “prevent and detect offences endangering national security".


Self-censorship

There are reports of media self-censorship since most media outlets are owned by businesses with interests on the mainland, causing authors and editors to defer to the perceived concerns of publishers regarding their business interests. Some scholars suggest that Hong Kong-based academics practice some self-censorship in their China-related work to preserve good relations and research and lecturing opportunities in the mainland. In a poll published in June 2012 by the
Hong Kong Journalists Association The Hong Kong Journalists Association ( Chinese: 香港記者協會) is a Hong Kong association that represents journalists in Hong Kong. Established in 1968, the association acts as a trade union for journalists by seeking to improve work ...
, 86.9% of the 663 journalists surveyed felt that press freedom had deteriorated in the past seven years. This is a 28.5% increase from a similar survey in 2007. Those who felt freedom had declined attributed the change to: tighter government control (92%), self-censorship in the industry (71%), interference from Beijing (67.5%), and pressure from the business sector (35.9%). According to respondents the policies that most affect the decline in freedom are: Spot news information being controlled by the police and the Fire Services Department (57%); releasing more official footage and articles and fewer news events being accessible to reporters (41.3); off-the-record briefings increasing tremendously (23.8); and a government proposal to criminalise stalking (16%). Almost immediately after the implementation of the
Hong Kong National Security Law The Hong Kong national security law, officially the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region, is a piece of national security legislation concerning Hong Kong. It ...
in July 2020,
TikTok TikTok, known in China as Douyin (), is a short-form video hosting service owned by the Chinese company ByteDance. It hosts user-submitted videos, which can range in duration from 15 seconds to 10 minutes. TikTok is an international version ...
ceased its operation in Hong Kong and replaced the option for Hong Kong users with
Douyin TikTok, known in China as Douyin (), is a Video clip, short-form video Online video platform, hosting service owned by the Chinese company ByteDance. It hosts user-submitted videos, which can range in duration from 15 seconds to 10 minutes. T ...
, the strictly censored Mainland Chinese version of the app by
ByteDance ByteDance Ltd. () is a Chinese internet technology company headquartered in Beijing and incorporated in the Cayman Islands. Founded by Zhang Yiming, Liang Rubo and a team of others in 2012, ByteDance developed the video-sharing social networking ...
. Users reported issues when using Hong Kong registered
SIM cards A typical SIM card (mini-SIM with micro-SIM cutout) A GSM mobile phone file:Simkarte NFC SecureElement.jpg, T-Mobile nano-SIM card with NFC capabilities in the SIM tray of an iPhone 6s file:Tf sim both sides.png, A TracFone Wireless SIM card ha ...
even though they have connected to a
VPN A virtual private network (VPN) extends a private network across a public network and enables users to send and receive data across shared or public networks as if their computing devices were directly connected to the private network. The be ...
service, which indicates that TikTok used their users' SIM card information to block access from the territory.


Instances of censorship


Before 30 June 2020


Local ISP shutdown – March 1995

In March 1995,
Royal Hong Kong Police The Hong Kong Police Force (HKPF) is the primary law enforcement, investigative agency, and largest disciplined service under the Security Bureau of Hong Kong. The Royal Hong Kong Police Force (RHKPF) reverted to its former name after the t ...
raided all but one of the pioneering local
Internet Service Providers An Internet service provider (ISP) is an organization that provides services for accessing, using, or participating in the Internet. ISPs can be organized in various forms, such as commercial, community-owned, non-profit, or otherwise privatel ...
(ISP) offering dialup service, confiscated their servers and records and shut them down for a week, blocking the access of 5000 to 8000 of Hong Kong's early Internet adopters. The raids were thought to be instigated by Supernet, the one ISP not shut down, and coordinated by the Office of Telecommunications Authority (OFTA) working with the Commercial Crime Bureau (CCB) on the premise that the ISPs were operating without applying for a then-obscure Public Non-Exclusive Telecommunications Service (PNETS) Licence. The companies shut down were Hong Kong Internet & Gateway Services (HKIGS) hk.net, Hong Kong Link InfoLink Ilink, Internet Online Hong Kong, Cybernet, Internet Connections, and Asia Online.


Edison Chen photo scandal – January 2008

In January and February 2008, the
Hong Kong Police Force The Hong Kong Police Force (HKPF) is the primary law enforcement, investigative agency, and largest Hong Kong Disciplined Services, disciplined service under the Security Bureau (Hong Kong), Security Bureau of Hong Kong. The Royal Hong Kong Po ...
arrested ten people who were accused of obtaining, uploading, or distributing pornographic images after
Emperor Entertainment Group Emperor Group is a diversified group of companies founded by Albert Yeung in Hong Kong. Albert Yeung's father, Mr Yeung Shing, opened a watch shop named "Shing On Kee Watch Shop" in 1942, setting the business foundation.
(EEG), a multi-billion entertainment company, filed a complaint about the availability of the photos on the Internet. The images in question, which were explicit in nature, were of the Hong Kong actor
Edison Chen Edison Chen Koon-hei (, born Chen Hing-wah on 7 October 1980) is a Canadian-born Hong Kong actor, singer, rapper, fashion designer and entrepreneur. Chen is the co-founder of CLOT, a Hong Kong-based streetwear and fashion label. Debuting in 19 ...
engaging in sex acts with various women, several of whom were local actresses. Chen admitted being the author and copyright owner of most of the photographs, and stated that the private photographs had been stolen and published illegally without his consent. A computer technician was convicted of three counts of obtaining access to a computer with dishonest intent, and received a custodial sentence of eight and a half months."Tech jailed for stealing sex-with-starlet photos"
, ''The Sydney Morning Herald'', 13 May 2009
The scandal shook the Hong Kong entertainment industry and received high-profile media attention locally and around the world. The police met with more than 200 people responsible for major Hong Kong websites and BBS communities to urge them to delete the pictures "as they have the responsibility to stop crimes". Related discussion threads were progressively deleted. The police ordered several locally registered websites and BBS management firms to submit information about their clients, and had retrieved the IP addresses of more than 30 Internet users who allegedly posted photographs. The police crackdown raised questions over violations of the privacy and free speech rights of Internet users and the selective application of the law.


After 30 June 2020

Article 43 of the Hong Kong national security law, which came into force on 30 June 2020, authorized the police to order "a person who published information or the relevant service provider to delete the information or provide assistance." (see
Hong Kong national security law The Hong Kong national security law, officially the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region, is a piece of national security legislation concerning Hong Kong. It ...
) Since then, the Hong Kong government has been blocking several anti-government or politically sensitive sites. (see below)


HKChronicles - January 2021

HKChronicles is a wiki-like website that details the personal information of
Hong Kong police officers Hong may refer to: Places *Høng, a town in Denmark *Hong Kong, a city and a special administrative region in China *Hong, Nigeria *Hong River in China and Vietnam *Lake Hong in China Surnames *Hong (Chinese name) *Hong (Korean name) Organiz ...
and
pro-Beijing The pro-Beijing camp, pro-establishment camp, pro-government camp or pro-China camp refers to a political alignment in Hong Kong which generally supports the policies of the Beijing central government and the Chinese Communist Party (CCP) t ...
individuals for doxxing purposes. On 7 January 2021, the website's owner Naomi announced on the website that she had received reports from users in Hong Kong that the website was inaccessible when using certain local Internet Service Providers (ISP). Several local news reporters confirmed that the site could not be accessed within the city. The police declined to comment on the blockage. However, in a statement, they said they "can require service providers to take restrictive actions against messages posted on digital platforms, which likely constitute the offense of endangering national security or incite a national security offense."
Hong Kong Broadband Network HKBN Ltd., commonly known for its subsidiary Hong Kong Broadband Network Limited (), is a Hong Kong-based Internet, communication and telecommunication company. HKBN was established on 23 August 1999, it is one of the largest residential and en ...
, one of the biggest mobile telecom companies in Hong Kong, said they have disabled access to the website in compliance with the requirement issued under the National Security Law on 13 January 2021.


Transitional Justice Commission - February 2021

On 13 February 2021, Hong Kong
netizen The term netizen is a portmanteau of the English words ''internet'' and '' citizen'', as in a "citizen of the net" or "net citizen". It describes a person actively involved in online communities or the Internet in general.
s reported that the website of Taiwan's
Transitional Justice Commission The Transitional Justice Commission (TJC; ) was an independent government agency of the Republic of China (Taiwan) active from 31 May 2018 to 30 May 2022 based on the Act on Promoting Transitional Justice. The commission is responsible for the in ...
cannot be accessed from Hong Kong. Some local medias confirmed that they couldn't access the site without using a Virtual Private Network (VPN). The police refused to comment on the blockage.


Block of Taiwanese sites - April 2021

On 24 April 2021, some netizens discovered that they could not enter the website of
Presbyterian Church in Taiwan The Presbyterian Church in Taiwan (PCT; ; ) is the largest Protestant Christian denomination based in Taiwan. The PCT is a member of the World Council of Churches, and its flag features a "Burning Bush," which signifies the concept of burning ye ...
(www.pct.gov.tw). Later, they reported that the official website of
Democratic Progressive Party The Democratic Progressive Party (DPP) is a Taiwanese nationalist and centre-left political party in the Republic of China (Taiwan). Controlling both the Republic of China presidency and the unicameral Legislative Yuan, it is the majori ...
(www.dpp.org.tw) and Recruitment Centre of National Armed Force (https://www.rdrc.mnd.gov.tw) also could not be accessed from Hong Kong. Some local news medias confirmed. The police refused to comment. By 27 April 2021, the Stand News retested the three websites and found out that the websites of Presbyterian Church in Taiwan and
Democratic Progressive Party The Democratic Progressive Party (DPP) is a Taiwanese nationalist and centre-left political party in the Republic of China (Taiwan). Controlling both the Republic of China presidency and the unicameral Legislative Yuan, it is the majori ...
are now accessible. However, they still couldn't establish a connection to the official site of Recruitment Centre of National Armed Force.


2021 Hong Kong Charter 2021 Hong Kong Charter is a political charter initiated by Hong Kong activists and politicians Nathan Law, Ted Hui, Baggio Leung, Sunny Cheung, Ray Wong, Brian Leung, Glacier Kwong, and Alex Chow, who went into self-exile abroad after Hong Kong n ...
- June 2021

Since 18 June 2021, some local
ISP An Internet service provider (ISP) is an organization that provides services for accessing, using, or participating in the Internet. ISPs can be organized in various forms, such as commercial, community-owned, non-profit, or otherwise private ...
users reported they could not browse the website of ''2021 Hong Kong Charter'' (2021hkcharter.com). Sources said local ISP received order from the
police The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and t ...
and prevented users from accessing the website from 18 June. Initiators of the website said it was blocked on 19 June. Police refused to comment.


June 4th Incident Online Museum - Sep 2021

On 28 September 2021,
Stand News ''Stand News'' ( zh, t=立場新聞) was a free non-profit online news website based in Hong Kong from 2014 to 2021. Founded in December 2014, it was the successor of ''House News''. It primarily focused on social and political issues in Hong ...
reported the website of ''June 4th Incident Online Museum'' (8964museum.com) was likely blocked.


Hong Kong Watch Hong Kong Watch is a non-governmental organisation (NGO) based in the United Kingdom that was established to monitor the conditions of human rights, freedoms and rule of law in Hong Kong. It was founded by British human rights activist Benedict ...
Website

On 15 February 2022, several Internet service providers in Hong Kong were reported to be blocking the website of a U.K.-based group
Hong Kong Watch Hong Kong Watch is a non-governmental organisation (NGO) based in the United Kingdom that was established to monitor the conditions of human rights, freedoms and rule of law in Hong Kong. It was founded by British human rights activist Benedict ...
.


List of websites blocked

This list might not cover every website blocked as some blockages may not have been discovered.


See also

* Censorship in Hong Kong *
Communications in Hong Kong Communications in Hong Kong includes a wide-ranging and sophisticated network of radio, television, telephone, Internet, and related online services, reflecting Hong Kong's thriving commerce and international importance. There are some 60 onli ...
*
Politics of Hong Kong The politics of Hong Kong takes place in a framework of a political system dominated by its constitutional document, the Hong Kong Basic Law, its own legislature, the Chief Executive as the head of government and of the Special Administrativ ...


References


External links

{{Asia in topic, Internet censorship in
Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delt ...
Law of Hong Kong Internet in Hong Kong Human rights in Hong Kong Censorship in Hong Kong