In the name of regulating “human flesh search”, the Hong Kong government wants to have a long arm over the global network

The HKSAR government proposes to criminalize online “human flesh search” by giving the “Hong Kong Office for Personal Data Privacy” investigative and prosecutorial powers to enforce the law by force, while extending its powers to the world, and requiring overseas online platform providers to remove relevant content. The government of the Hong Kong Special Administrative Region (HKSAR) has taken action against what it calls “human rights”.

The news that the Hong Kong SAR government has enacted legislation to regulate what is known as “human flesh search” was released earlier, prompting the Asia Internet Alliance, a group of leading U.S.-based Internet companies, to write to the Office of the Privacy Commissioner for Personal Data to express its concern.

But the SAR government ignored it, and on July 14 announced a proposal to amend the Personal Data Privacy Ordinance to make the act of “human flesh search” a criminal offence.

According to the SAR government’s paper, the proposal gives the responsible agency, the Privacy Commissioner, the power to investigate and prosecute, and the Privacy Commissioner may, without a court warrant, search the suspect’s electronic equipment, search and arrest the suspect, and use force against those who resist or attempt to evade. The proposed provisions have extraterritorial jurisdiction.

The proposed provisions have extraterritorial powers to regulate offshore platforms

The provisions also extend the Commissioner’s power to extraterritorially require Internet service providers operating in Hong Kong, or providers of services outside of Hong Kong, to remove content deemed to be “human flesh search” by issuing a “stop disclosure notice”.

The document also sets out the penalties, if the disclosure of personal data without the consent of the person concerned, intentionally or recklessly causing the person or his family members to be harassed, threats, physical and psychological, or even property damage and other specified harm, that is, illegal, the authorities set up a two-tier system of penalties, the more minor cases can be dealt with through summary procedures, the maximum fine of HK$ 100,000 and imprisonment for two years, the more serious cases, will be prosecuted, the maximum penalty of a fine of 1 million Hong Kong dollars and imprisonment for five years.

The SAR government said that in the past two years, the Office of the Privacy Commissioner for Personal Data has handled more than 5,800 cases related to “human flesh search”, including law enforcement officers carrying out the task of suppressing demonstrations, but the Office of the past can only advise the platform involved, the However, in the past, the PCPD could only advise the platforms involved to take down the content, and could not force the platforms to remove the relevant information, so that 30% of the content of the “human flesh search” can still not be removed, reflecting the seriousness of the problem and the need to amend the relevant laws, stressing that in the process of drafting the bill, reference has been made to the relevant laws of Singapore, New Zealand, Australia and other places, and also take into account the actual situation in Hong Kong, has been in the protection of In the process of drafting the bill, we have made reference to the relevant laws in Singapore, New Zealand and Australia, and also taken into account the actual situation in Hong Kong.

Commentary: Hong Kong follows Beijing’s law enforcement model

Hong Kong current affairs commentator Liu Ruishao told the station that the Hong Kong government’s new proposal to decentralize investigation and prosecution is a model of Beijing’s decentralization, which can expand the government’s control, but questioned the new amendment to the definition of “human flesh search” and the vague enforcement standards.

Liu Ruishao said: “The new law sets a lot of “invisible imperial sword”, then how to implement the universally accepted standards, which is what we call the “red line” is uncertain, will certainly cause confusion, random gunfire, caused by the heart of the thunder and explosion. .”

Hong Kong Information Technology Chamber of Commerce Honorary President Fang Baoqiao said that the new proposal to add “extraterritorial jurisdiction”, the impact of foreign science and technology network enterprises is limited, because such companies in Hong Kong employees, most of them are responsible for marketing, no ability to remove the content on the platform, but that the new Parliament to make it easier for Internet users to fall into the net of law.

Fang Baoqiao believes that, according to past experience, science companies will meet the requirements of the government, for the time being, do not think that foreign companies will have the risk of withdrawal from Hong Kong.