In comparison with many nations within the region, Hong Kong actively promotes software copyright, privacy and digital signature. Furthermore, Hong Kong has maintained an enviable track record of maintaining censorship-free society. A well-developed and properly functioning legal system enables the city to actively contribute to the latest international development on IT issues.
Software Copyright (46)
A survey in 2000 revealed that 56 percent of the software sold in Hong Kong is pirated or illegal. That rate is lower than for China and many Southeast Asian such as Vietnam with a rate of 98 percent. Nevertheless, Hong Kong has long fulfilled the requirements of the World Trade Organization (WTO)’s Article 61 of the Agreement on Trade-Related Aspects of Intellectual Property Rights. In a word, the Hong Kong Government criminalizes copyright piracy on a commercial scale, including the deliberate use of software in a business environment, regardless of the environment might be considered to be non-profit or for-profit. Employees who knowingly use pirated software will be subjected to legal liabilities. Nor will end-users who receive no commercial advantage or private gain be exempt from criminal liability. The Intellectual Property Ordinance 2000 extends criminal penalties for unlicensed software from sellers to corporate users.
A recent high-profile local court case illustrates Hong Kong’s commitment in protecting software copyright. On October 11, 2002, a high court judge ordered the authorized Microsoft computer retailer Able System Development to pay Microsoft USD 4.5 million in damages for copyright infringement. Able had illegally pre-loaded unlicensed copies of the Office and Windows programs onto computers it sold between 1996 and 1998 without permission from Microsoft.
Privacy (47)
Hong Kong was the first nation in Asia Pacific to enact legislation, such as Personal Data (Privacy) Ordinance covering the public and public sectors and Code on Access to Information, based on the European Union (EU) Directive. In the meantime, Office of Privacy Commissioner for Personal Data focuses on privacy aspects of identity cards and health databases.
Censorship (48)
The lack of Internet censorship has been one of Hong Kong’s strengths and preserved the city’s economic competitiveness. In comparison with the US, freedom is speech is constitutional guarantees under the Basic Law of Hong Kong. In addition, there is no specific Internet-related censorship law in Hong Kong. Legislation such as the Control of Obscene and Indecent Articles Ordinance mainly deals with sexually explicit materials.
Digital Signature (Electronic Transactions Ordinance 2000) (49)
Digital Signature: "'Digital signature,' in relation to an electronic record, means an electronic signature of the signer generated by the transformation of the electronic record using an asymmetric cryptosystem and a hash function such that a person having the initial untransformed electronic record and the signer's public key can determine -- (a) whether the transformation was generated using the private key that corresponds to the signer's public key; and (b) whether the initial electronic record has been altered since the transformation was generated."
Effect of Digital Signature: "If a rule of law requires the signature of a person or provides for certain consequence if a document is not signed by a person, a digital signature of the person satisfies the requirement but only if the digital signature is supported by a recognized certificate and is generated within the validity of that certificate."
International Activities (50)
As a member of the China delegation, Hong Kong is represented in conferences and meetings convened by the International Telecommunication Union. Hong Kong participates in its own right in the meetings of the Asia-Pacific Telecommunity and the Telecommunications Working Group of the Asia-Pacific Economic Cooperation (APEC). Hong Kong also takes part in the initiative to implement the APEC Mutual Recognition Arrangement for Conformity Assessment of Telecommunications Equipment. Furthermore, Hong Kong has also signed on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. Meanwhile, many members with businesses in Hong Kong are represented in the Internet Corporation for Assigned Names and Numbers (ICANN).
Next: Analysis: National IT Strengths & Weakness