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Extraction of bills related to the ICT industry
2015-04-15

Below are the links for the extraction of bills related to the ICT industry:

Electronic Health Record Sharing System Bill
Copyright (Amendment) Bill 2014
Human Reproductive Technology (Amendment) Bill 2015
Clearing and Settlement Systems (Amendment) Bill 2015
Interception of Communications and Surveillance (Amendment) Bill 2015
Promotion of Recycling and Proper Disposal (Electrical Equipment and Electronic Equipment) (Amendment) Bill 2015

The Copyright (Amendment) Bill 2014 has introduced safe harbour provisions to limit Online and Internet Service Provider’s liability for copyright infringement, but the provisions in the Human Reproductive Technology (Amendment) Bill 2015 and the Clearing and Settlement Systems (Amendment) Bill 2015 proposed that the promotion of certain products constitutes an offense, the latter goes even further to render providing internet connection and other technical support illegal. We are waiting for the administration for details of enforcement.

Some provisions cover a wide spectrum of offenses and the government is being vague in their expression, leaving everything for the court to decide could cause unnecessary disturbance to related business operators. It is also possible that the administration uses these bills as a water-tester to see how the public react, and refer to these cases for strict future regulations on the internet.

As for Interception of Communications and Surveillance (Amendment) Bill 2015, we have to pay attention to the applicable fields, keeping an eye on what information can the government intercept from ISPs (such as metadata and content of communications) and if they will restrain the government’s authority to access information. The administration should explain their provision and criterion to the public with clarity.

Office Of Hon. Charles Mok, Legislative Councillor (IT)