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Opinion

Innovation laggard Hong Kong needs to update its laws

Albert Cheng says examples abound of how the city is falling behind other Asian economies, including Singapore and Japan, in accommodating the sharing economy

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A tourist checks Airbnb listings with his mobile device in Causeway Bay last year. Despite the legal restrictions, online listings for home-sharing in Hong Kong have flourished. They are so popular that the city has become one of Airbnb’s top destinations. Photo: Martin Chan
Albert Cheng

Many of our laws and regulations are so outdated that they have become a major stumbling block in Hong Kong’s much talked-about efforts to become a city of innovation.

Last month’s crackdown on Uber, for example, is premised on the Road Traffic Ordinance. Under the law, using a car for hire without a permit is a criminal offence punishable by a HK$5,000 fine and three months’ imprisonment on first conviction.
Impounded cars parked at a police station in Hong Kong after a crackdown in May, in which 22 Uber drivers were arrested on suspicion of driving without a hire car permit. Photo: AP
Impounded cars parked at a police station in Hong Kong after a crackdown in May, in which 22 Uber drivers were arrested on suspicion of driving without a hire car permit. Photo: AP

Hong Kong government bureau faces backlash over Uber comments

The authorities also challenged the validity of the drivers’ third-party insurance policy, although Uber has insisted that its ride-sharing insurance policy complies with local legal requirements.

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In contrast, Singapore is steps ahead of Hong Kong in terms of accommodating innovation in the fast-growing sharing economy. The island republic has adopted what it hailed as a light-touch approach in revising the laws to license individual drivers so that ride-sharing can continue to benefit consumers while ensuring their safety.

Meanwhile, Japan amended its laws three weeks ago, allowing private homes to rent out space to guests for profit, while limiting total stays to 180 nights a year.

Time to get on board the ‘sharing economy’

In Hong Kong, the Hotel and Guesthouse Accommodation Ordinance prohibits proprietors and tenants from providing sleeping accommodation at a fee for fewer than 28 continuous days. It is necessary to get a hostel or hotel licence to do so. This has rendered home-sharing operations, such as Airbnb, illegal. Despite the legal restriction, online listings for home-sharing in Hong Kong have flourished. They are so popular that the city has become one of Airbnb’s top destinations.

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