HKISPA's comments on the Draft Code of Practice Pursuant to Section 88I of the Copyright Ordinance (Cap. 528))

26 Sep 2022

HKISPA provided comments on the Draft Code of Practice pursuant to Section 88I of the Copyright Ordinance (Cap. 528)) prepared by the Intelletual Property Department. Please click links below for the relevent documents.

HKISPA's comments to the Draft Code of Practice

 

Reference: Copyright (Amendment) Bill 2022

Reference: Draft Code of Practice (March 2012)

HKISPA Responds to Secretary for Justice on Interim Injunction

Today, HKISPA has written to Secretary for Justice, spelling out concerns of Internet Service Providers about the Interim Injunction, and demand that Operators who act only as a conduit for data transmission be exempted from liability.

今天，香港互聯網供應商協會向律政司長發信，表達對臨時禁制令對業界的影響，及要求只負責傳遞加密了的數據封包的互聯網業界，可豁免刑責。

Letter (English Only)

 

Urgent Statement of HKISPA on Selective Blocking of Internet Services

To: The Executive Council, HKSAR

28 August 2019

Urgent Statement of HKISPA on Selective Blocking of Internet Services

News media reported today that the government has plans to impose executive orders on Internet Service Providers to selectively stop some Internet applications.

The HKISPA therefore would like to issue this urgent statement.

Technically speaking, given the complexity of the modern Internet including technologies like VPN, cloud and cryptographies, it is impossible to effectively and meaningfully block any services, unless we put the whole Internet of Hong Kong behind large scale surveillance firewall.

By the above token, HKISPA would like to warn that, imposing any insensible restrictions on the open Internet would only result in more restrictions, as the original restrictions wouldn’t be effective, and ultimately the result is putting Hong Kong’s Internet behind a big firewall. Therefore, any such restrictions, however slight originally, would start the end of the open Internet of Hong Kong, and would immediately and permanently deter international businesses from positing their businesses and investments in Hong Kong.

It is very worth noting that such restrictions, which would cost the society huge business opportunities and social costs, would not deter nor stop determined users from accessing their desired services. They can still access these services through numerous VPN services available on the Internet, until we finally put the whole Hong Kong behind a large scale surveillance firewall.

The lifeline of Hong Kong’s Internet industry relies in large part on the open network. Hong Kong is the largest core node of Asia’s optical fiber network and hosts the biggest Internet exchange in the region, and it is now home to 100+ data centers operated by local and International companies, and it transits 80%+ of traffic for mainland China. All these successes rely on the openness of Hong Kong’s network. Such restrictions imposed by executive orders would completely ruin the uniqueness and value of Hong Kong as a telecommunications hub, a pillar of success as an international financial centre.

ISPs in Hong Kong are all law abiding, but they may not circumvent technical and financial constraints of the business which may make executive orders to impose network restrictions not easily implementable. We request that the government consult the industry in resolving these constraints, and consult the society at large before imposing any such restrictions.

Therefore, the HKISPA strongly opposes selective blocking of Internet Services without consensus of the community.

 

Hong Kong Internet Service Providers Association
https://www.hkispa.org.hk/
This email address is being protected from spambots. You need JavaScript enabled to view it.

 

ADDITIONAL NOTES

The open network policy of Hong Kong has attracted 18 international cable systems to have landed or going to land in HKSAR. This made HK a telecommunications hub, benefiting mainland China directly. Reducing the attraction of HK as a telecommunications hub will hurt HK as well as mainland China.

Internet applications are in itself productive and has its own legitimate use. When we attempt to block one application, its users will shift to another application, which in turn we may have to block. The chase will never end, the users will still be able to communicate, but the open network of HK will be sacrificed along the way. For instance, if we block telegram, we may have to block whatsapp later, and Facebook later. The users will still find their means to communicate, until we put the whole Hong Kong in totality behind firewall.

Hong Kong recently loss 1+ Billion of initial investments as Facebook and its Libra blockchain venture decided not to choose HK but a more accomodating Singapore as landing point. Network censorship will only accelerate the loss of HK to competing cities.

- ENDS -

 

HKISPA-Statement-20190827.pdf

HKISPA's response to Public Consultation on the Review of the Telecommunications Regulatory Framework

HKISPA 回應 "電訊規管架構檢討第二階段公眾諮詢" 提出了以下的意見。

1. 支持5G及物聯網裝置的電訊功能應由《電訊條例》規管；但要求規管不應窒礙市場，裝置入口及發售無需送檢。 

2. 支持提高保護地下電訊基建設施的刑事罰則；但要求釐清工程的法律責任人，避免前線工人負上不合理的刑責。 

Special Interest Groups

Hong Kong Network Operators Group

16 August 2018

HKNOG is now an Special Interest Group of HKISPA

HKNOG was formed in 2013, and is a platform for network operators having presence in Hong Kong to exchange technical and operational knowledge and information. HKNOG has been an operating partner of HKISPA since its establishment, and have become an SIG of HKISPA on 16 August 2018.

For details of HKNOG and for future participation to events, please visit www.hknog.net.