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


Regulation of Web Content

Sedition
Under Hong Kong law, it is an offence to commit any act with a "seditious intention". Under the newly proposed Basic Law Article 23, the Hong Kong government is required to make laws to prohibit any act of treason, secession, sedition or subversion against the Central People's Government of the PRC. It is also an offence to print, publish, sell, offer for sale, distribute, display or reproduce any seditious publication. This offence is likely to cover websites based on a server in Hong Kong that contain seditious materials. For example, advocating the independence of Tibet and Taiwan may be considered to be seditious.

Defamation
Publication of defamatory material may lead to civil liability in Hong Kong. The accuse of "defamation" is sufficient even if only one person has read the defamatory statement. Where the statement is posted on a server in one country and can be accessed in several others, this would amount to publication for the liability of defamation.

Gambling
Gambling and lotteries are prohibited in Hong Kong, with certain limited exceptions. Promotion and advertising of unlawful lotteries is also prohibited. A gambling website based on a server outside Hong Kong, but accessible in Hong Kong, would not be considered to be unlawful. However, promotion of such a site in the Hong Kong press or from a Hong Kong server may constitute an offence.

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