The Law Reform Commission proposes 5 new types of cyber crimes Chen Zhenglong: If the industry is exempted, a licensing system may be introduced

The Law Reform Commission yesterday (20th) recommended the creation of five computer cyber crimes, and launched a three-month public consultation.

In an interview with the radio this morning (21st), a member of the Computer and Cyber ​​Crime Subcommittee of the Law Reform Commission, Senior Counsel Chen Zhenglong said that the current legislation is out of date, and the new proposal refers to European studies and practices in other jurisdictions. Exempted from public consultation.

Life in prison if committing cyber crimes endangers human life

The Law Reform Commission yesterday (20th) recommended the establishment of five computer network offences, including "unauthorized access to programs or data", "unlawful interception of computer data", "unlawful interference with computer data", "unlawful interference with computer systems" and "unlawful interference with computer systems". Provide or administer criminal equipment or data", and proposes to establish two levels of maximum sentences, with a maximum sentence of two years and 14 years in prison. If committing the aggravated crime of unlawfully interfering with data or computer systems, endangering the lives of others, it is recommended that the maximum sentence of imprisonment be life. , yesterday launched a three-month public consultation.

Chen Zhenglong said that Hong Kong's existing laws such as dishonest use of computers regulate some cyber crimes, but they are out of date. This time, the proposal refers to the practices of Europe and other jurisdictions, and the penalty refers to local fraud and theft crimes.

Public interest not included in new offence defence

Chen Zhenglong pointed out that the identity of the network security company may be exempted, including network security experts testing system vulnerabilities.

He said that he heard voices from computer security researchers that it is normal for the industry to possess computer viruses. Therefore, it is necessary to consult the public whether the academic nature and the purpose of network security can be exempted. However, there is no organization that regulates network security companies in Hong Kong, so it is difficult to define Professional status, if the measures are to be implemented, the industry may have to introduce a registration system or issue a license.

As for whether the public interest is a reasonable excuse, Chen Zhenglong pointed out that the public interest has not been included in the defense, because the disclosure of data will lead to various consequences. The defendant must convince the court that the public interest can override the dishonesty, but whether the public interest has priority needs to be discussed. "It seems that there are two sides to a coin. (Public interest) is not one side. Actions are beneficial to some people and cause harm to others. What is the public interest?"

The Law Reform Commission proposes a new law to improve the crime of dishonest use of computers and life imprisonment if it involves harming the life of others. The Law Reform Commission proposes to expand the sexual conviction record checking mechanism to cover all employees and volunteers