e-Commerce Laws in China and Hong Kong:
Integration or Separation?


Appendix 2


The Regulation of Public Computer Networks and the Internet (Dec 1997)

Under Articles 6 & 11, Internet users must:
  • Obtain proper approval from the MPS before using computer networks or network resources
  • Complete and return to their ISP a form designed by the local security public office (under Article 12, the ISP must transmit the information in this form to the public security office within 30 days)
  • Refrain from changing network functions or adding or deleting information without prior permission
  • Refrain from adding to, deleting, or altering the information stored, processed, or transmitted through the network without prior permission
  • Refrain from deliberately creating or transmitting computer viruses
  • Refrain from all activities that harm the network
Under Article 10 and 13, the ISPs and corporate intranet operators must:
  • Establish a management system for network security and protection
  • Implement security techniques and protection measures
  • Provide security education and training for network users
  • Inspect the content of information released on behalf of someone else and register the unit or individual on whose behalf the information was released
  • Establish a system for registering users and managing the information of electronic bulletin boards
  • Report violations of the regulations within 24 hours of their discovery to the local public security office
  • Remove web address and directories and close serves as required by regulations
  • Establish a system for registering users of public accounts
  • Refrain from lending or transferring accounts