Editorial | Hong Kong needs constant vigilance to thwart cybercriminals
A Law Reform Commission report recommending new criminal offences targeting specific cybercrimes is welcome, but broader efforts are required
A report by a Law Reform Commission subcommittee recommending new, bespoke criminal offences targeting specific cybercrimes is therefore welcome. It follows a public consultation on the proposals in 2022. New laws are needed to better protect the community. But the process is complex. Tackling illicit conduct in the public interest must be balanced with respect for the legitimate activities of internet users and the information technology industry. This issue was at the forefront of much of the commission’s analysis.
Proposed new crimes include illegal accessing, interception and interference with computer data or systems. Another offence prohibits making devices, programs or data available for committing a cybercrime. Balance is provided through the inclusion of specific defences, going beyond the more general exemption for those with a “reasonable excuse”. These cover people with good reason to use computer systems in ways that might conflict with the new laws, including cybersecurity professionals and academic researchers.
The commission recommends that unauthorised access to a computer program or data be made a crime, even if not done with criminal intent. The aim is to better protect the integrity of systems to guard against hacking. But the proposal raised the valid question of whether parents checking their children’s phones to ensure they are safe from online threats would be caught by the new law. The commission has sensibly responded by providing a defence for those who gain access to a program or system for protecting the interests of a child. The proposals require further refinement. This is only the first part of the subcommittee’s work. But the recommendations should prompt action to be taken quickly. The process was launched in 2019 and the technology is constantly changing.
Criminal offences are only one aspect of much broader efforts needed to shield Hong Kong from cybercrime. They include ensuring government departments, public bodies and private companies take adequate steps to ensure their systems are secure. Constant vigilance and a determination to adapt to new threats are needed to ensure the city keeps pace with the cybercriminals.