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British Virgin Islands’ new law threatens press freedom in Hong Kong, analysts warn

British Virgin Islands' new legislation could boost business in Hong Kong but threatens the press and risks corruption, observers warn

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Toh Han Shih

A proposed law in the British Virgin Islands will boost Hong Kong's role as an offshore centre serving China, but threatens the freedom of journalists to report on companies in the secretive tax haven, say analysts.

The Computer and Cybercrime Act was introduced into the BVI legislature last week, said the International Consortium of Investigative Journalists. The legislation comes after a series of leaks over the past year by the ICIJ, revealing sensitive information on offshore companies.

According to the act, a person who publishes in any media unauthorised information on BVI companies may be fined up to US$1 million or jailed for up to 20 years. A document of the act seen by the South China Morning Post said it applies to any person of any citizenship within or outside the BVI.

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The act requires two more readings in the legislature and approval from the BVI governor before it is passed, said ICIJ.

"There will be concern among journalists, because they may get into trouble revealing secret information. If a Hong Kong reporter gets information on BVI in Hong Kong, the reporter may be subject to BVI laws," said Raymond So Wai-man, dean of the business school of Hang Seng Management College.

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But John Bruce, Macau director of Hill & Associates, a Hong Kong risk consultancy, said the act would be unenforceable in places outside the BVI, including Hong Kong.

"Even a country with an extradition treaty would not render a citizen [to the BVI]. The only danger would be if the journalist was on BVI soil," Bruce said.

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