The framework will support the authorization in Hong Kong of ‘virtual banks’, defined as banks which deliver retail banking services primarily, if not entirely, through the internet or other electronic channels … Continue Reading
On 11 January, 2018, the Hong Kong Monetary Authority (the “HKMA”) published its “Consultation Paper on Open API Framework for the Hong Kong Banking Sector” (the “Consultation Paper”). The Consultation Paper summarizes the approach the HKMA has taken to date in actioning the “Open API” initiative announced by HKMA Chief Executive Norman Chan on 29 September, 2017: one of seven … Continue Reading
Businesses may often use peer-to-peer (“P2P“) telemarketing calls involving interpersonal communication to promote goods and services directly to customers. While such calls may be effective in some cases, they appear to be not so welcomed by customers in Hong Kong. A 2015 government consultancy study in Hong Kong reports that an overwhelming 96% of call recipients considered such … Continue Reading
The Hong Kong Securities and Futures Commission (“SFC”) has issued a paper containing proposals to introduce cyber security guidelines under the Securities and Futures Ordinance (the “SFO”) applicable to internet brokers (the “Cyber Security Consultation Paper”). Comments are open through 7 July 2017.
The Cyber Security Consultation Paper reflects a sharpening of focus by the SFC on cyber security issues. … Continue Reading
On 11 November, 2016, Hong Kong’s Applied Science and Technology Research Institute (“ASTRI“) published its “Whitepaper On Distributed Ledger Technology” (the “DLT Whitepaper“), a substantial research exercise commissioned by the Hong Kong Monetary Authority (the “HKMA“).
The DLT Whitepaper is a useful and well-informed introduction to blockchain, or distributed ledger technology (“DLT“), … Continue Reading
On 29 January 2016, Hong Kong’s Court of First Instance quashed a 2013 decision (“Decision”) by the Communications Authority (“CA”) – upheld by the Chief Executive In Council (“CEIC”) – against Television Broadcasters (“TVB”), primarily on the grounds that the CA and CEIC are inherently political entities lacking objective impartiality as decision makers due to their concurrent policy, advisory and … Continue Reading
On 26 January, Hong Kong’s Privacy Commissioner for Personal Data (Commissioner) published his annual report on 2015 complaints and enforcement activity under the Personal Data (Privacy) Ordinance (PDPO).
The report reveals that 871,000 Hong Kong individuals were affected by data breaches in 2015, compared with 47,000 in 2014. The 98 incidents reported to the Commissioner last year (an increase from … Continue Reading
On 9 October 2015, the Privacy Commissioner for Personal Data published a Guidance Note on “Data Breach Handling and the Giving of Breach Notifications“, a revised version of its June 2010 edition.
The Guidance Note gives guidance to data users (the concept of ‘data user’ is similar to the concept of ‘data controller’ under EU law) on how … Continue Reading
The letter comes just weeks after a 24 August letter by the Monetary Authority of Singapore (the “MAS”) warning Singaporean-regulated financial institutions of the importance of improving on their intrusion detection measures as … Continue Reading
A recent appeal against an enforcement notice issued by the Privacy Commissioner for Personal Data of Hong Kong raised an interesting and highly controversial issue as to whether, and to what extent, individuals in Hong Kong have a “right to be forgotten” entitling them to deletion of personal data in the public domain.
This label of “right to be forgotten” … Continue Reading
Few areas of regulation are advancing as quickly in Asia as data privacy regulation. This year marks the tenth anniversary of the APEC Privacy Framework and we now see “European style” comprehensive data privacy regimes in a dozen jurisdictions across the Asia-Pacific region.
On Thursday, 14 May, Hogan Lovells data protection lawyers Mark Parsons and Eugene Low will host an in-person discussion at Hogan Lovells’ offices in Hong Kong to take stock of where Asia is in terms of data privacy regulation, and to help chart a roadmap to compliance. The focus will be on identifying “hot spots” for businesses operating across the … Continue Reading
On 29 March, the Hong Kong Privacy Commissioner for Personal Data (the “Commissioner“) published a guidance note that supplements previous guidance on the use of closed circuit television systems and for the first time addresses the increasing use of unmanned aircraft systems (“UAS“, or, more popularly, “drones”). The Commissioner’s guidance is the first significant regulatory engagement … Continue Reading
On 29 December, 2014, Hong Kong’s Privacy Commissioner for Personal Data (the “Commissioner”) published a guidance note concerning the potential implementation of section 33 of the Personal Data (Privacy) Ordinance (the “PDPO”), which would restrict the export of personal data from Hong Kong.
The Commissioner’s view is that publication of his guidance will help businesses prepare for the eventual implementation … Continue Reading
Privacy regulators are increasingly turning their attention to the manner in which mobile apps collect, process and transmit personal data.
On 9 December, 21 privacy enforcement authorities around the world issued an open letter to seven of the world’s leading app marketplaces calling on them to make app privacy policies available to users prior to downloading.
The open letter was … Continue Reading
On 1 February 2013, the Companies (Disclosure of Company Name and Liability Status) Regulation (the “Regulation”, accessed here) was gazetted. The Sub-committee on Subsidiary Legislation Made under the New Companies Ordinance (the “Sub-committee”) then issued a paper titled Supplementary Information arising from the Meeting on 21 February 2013 (the “Paper”, accessed here), … Continue Reading
Hong Kong authorities said they want to encourage new market entry when Hong Kong 3G licences expire in 2016 while minimizing service disruption. A new consultation paper proposes rules for re-assigning the 3G spectrum and for setting license fees. Comments to the new paper are due February 28, 2013.
3G licences (frequency spectrum in the 1.9 – 2.2 GHz band) … Continue Reading
In September 2012 the Communications Authority issued a consultation paper to invite views from the public on the proposed amendments to the Codes of Practice governing television and radio programmes and advertising. The results of the consultation were published last week and a summary of the responses can be found here.
Overview of responses
The majority of the responses … Continue Reading
Three companies (PCCW, City Telecom and i-cable all through newly formed companies to overcome the cross-media restrictions in Hong Kong) applied for free-to-air TV licences following an announcement from the Government a few years back that the duopoly in this market would be abolished. A few years after the three applications from the new entrants were filed it seems there … Continue Reading
On 7 November 2012, the Communications Authority (“CA“) published a consultation paper reviewing the regulatory guidance on the charging principles between fixed carriers. Fixed-to-fixed connections remain the only type of connectivity where interconnection charges are regulated by the CA under s.36A of the Telecommunications Ordinance (the “Ordinance“). The CA may also issue regulatory guidelines for interconnection … Continue Reading
As in many other jurisdictions, the dictum “what is defamatory off-line is defamatory on-line” applies in Hong Kong too.
Publication of defamatory material over the Internet has been claimed in a number of cases since the 1990s in Hong Kong but in a recent case the Court of Appeal examined in detail the liability of Internet forum hosts for defamatory … Continue Reading