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Hong Kong Government Proposes New Cybersecurity Legislation for Critical Infrastructure Protection

HK

Hong Kong Government Proposes New Cybersecurity Legislation for Critical Infrastructure Protection
HK

HK

Hong Kong Government Proposes New Cybersecurity Legislation for Critical Infrastructure Protection

2024-11-01 22:50 Last Updated At:22:58

S for S meets with critical infrastructure stakeholders

The Secretary for Security, Mr Tang Ping-keung, today (November 1) hosted a briefing at the Central Government Offices on the consultation report on the proposed legislative framework to enhance protection of the computer systems of critical infrastructures. He briefed the stakeholders on the outcomes of the consultation conducted months earlier and the way forward of the legislative exercise, and responded to the major concerns from the submissions received during the consultation period. He stressed that the Government will continue to organise working meetings with the stakeholders from different sectors to maintain communication and listen to their views.

Over 200 stakeholders attended the briefing session, including local and foreign chambers of commerce, potential organisations to be designated as critical infrastructure operators (CIOs), cybersecurity service providers, cybersecurity audit firms, proposed designated authorities under the proposed legislation, sectoral professional bodies and statutory bodies.

Mr Tang reiterated to the participants that the proposed legislation on the protection of the computer systems of critical infrastructures aims to enhance the security of computer systems of Hong Kong as a whole by reducing the likelihood of disruption or damage due to cyber attacks and facilitating the smooth operation of essential services through stipulating three types of obligations, namely organisational, preventive, as well as incident reporting and response, to be fulfilled by the CIOs.

He said that 53 submissions were received during the consultation in July this year, of which 52 (including 47 from the industry) supported the legislation or raised positive suggestions. He responded to some major concerns from the submissions, including actively considering to relax the incident reporting time, reiterating that the legislation has no extraterritorial effect nor does it target personal data and commercial secrets.

Mr Tang and other officials from the Security Bureau (SB) answered questions on various areas by the participants at the briefing. He said that the SB is actively considering some of the suggestions received during the consultation period, and ten working meetings for stakeholders will also be held starting this month to refine the relevant provisions, striving to finalise the bill for introduction to the Legislative Council this year.

S for S meets with critical infrastructure stakeholders  Source: HKSAR Government Press Releases

S for S meets with critical infrastructure stakeholders Source: HKSAR Government Press Releases

S for S meets with critical infrastructure stakeholders  Source: HKSAR Government Press Releases

S for S meets with critical infrastructure stakeholders Source: HKSAR Government Press Releases

Seven persons arrested during anti-illegal worker operation

The Immigration Department (ImmD) mounted an anti-illegal worker operation codenamed "Contribute" today (January 15).During the operation, ImmD Task Force officers raided premises under renovation in a newly built public housing estate in Sheung Shui district.A total of six suspected illegal workers and one suspected employer were arrested. Thearrested suspected illegal workers comprise six men, aged 22 to 41. Furthermore, one man, aged 45, suspected of employing the illegal workers, was also arrested. An investigation into the suspected employers is ongoing, and the possibility of further arrests is not ruled out.

Apart from mounting the enforcement operation, ImmD officers and a promotional vehicle have been deployed to distribute "Don't Employ Illegal Workers" leaflets and convey the message in the estate.

An ImmD spokesman said, "Any person who contravenes a condition of stay in force in respect of him or her shall be guilty of an offence. Also, visitors are not allowed to take employment in Hong Kong, whether paid or unpaid, without the permission of the Director of Immigration. Offenders are liable to prosecution and upon conviction face a maximum fine of $50,000 and up to two years' imprisonment. Aiders and abettors are also liable to prosecution and penalties."

The spokesman stressed that it is a serious offence to employ people who are not lawfully employable. Under the Immigration Ordinance, the maximum penalty for an employer employing a person who is not lawfully employable, i.e. an illegal immigrant, a person who is the subject of a removal order or a deportation order, an overstayer or a person who was refused permission to land, has been significantly increased from a fine of $350,000 and three years' imprisonment to a fine of $500,000 and 10 years' imprisonment to reflect the gravity of such offences. The director, manager, secretary, partner, etc, of the company concerned may also bear criminal liability. The High Court has laid down sentencing guidelines that the employer of an illegal worker should be given an immediate custodial sentence.

According to the court sentencing, employers must take all practicable steps to determine whether a person is lawfully employable prior to employment. Apart from inspecting a prospective employee's identity card, the employer has the explicit duty to make enquiries regarding the person and ensure that the answers would not cast any reasonable doubt concerning the lawful employability of the person. The court will not accept failure to do so as a defence in proceedings. It is also an offence if an employer fails to inspect the job seeker's valid travel document if the job seeker does not have a Hong Kong permanent identity card. Offenders are liable upon conviction to a maximum fine of $150,000 and to imprisonment for one year. In that connection, the spokesman would like to remind all employers not to defy the law by employing illegal workers. The ImmD will continue to take resolute enforcement action to combat such offences.

Under the existing mechanism, the ImmD will, as a standard procedure, conduct an initial screening of vulnerable persons, including illegal workers, illegal immigrants, sex workers and foreign domestic helpers, who are arrested during any operation with a view to ascertaining whether they are trafficking in persons (TIP) and/or forced labour victims. When any TIP and/or forced labour indicator is revealed in the initial screening, the ImmD officers will conduct a full debriefing and identification by using a standardised checklist to ascertain the presence of TIP and/or forced labour elements. Identified TIP and/or forced labour victims will be provided with various forms of support and assistance, including urgent intervention, medical services, counselling, shelter or temporary accommodation and other supporting services. The ImmD calls on TIP and/or forced labour victims to report crimes to the relevant departments immediately.

For reporting illegal employment activities, please call the dedicated hotline 3861 5000, by fax at 2824 1166, email to anti_crime@immd.gov.hk, or submit "Online Reporting of Immigration Offences" form at www.immd.gov.hk.

Seven persons arrested during anti-illegal worker operation  Source: HKSAR Government Press Releases

Seven persons arrested during anti-illegal worker operation Source: HKSAR Government Press Releases

Seven persons arrested during anti-illegal worker operation  Source: HKSAR Government Press Releases

Seven persons arrested during anti-illegal worker operation Source: HKSAR Government Press Releases

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