Answer ... (a) Telecommunications
The Communications Authority is the independent regulatory body responsible for enforcing, overseeing and regulating the telecommunications and broadcasting sectors.
The Communications Authority shares concurrent jurisdiction with the Customs and Excise Department to enforce the fair trading provisions of the Trade Descriptions Ordinance (Cap 362) in the telecommunications and broadcasting sectors.
The Communications Authority also shares concurrent jurisdiction with the Competition Commission to enforce the Competition Ordinance (Cap 619) for the telecommunications and broadcasting sectors.
The Communications Authority operates through its executive arm, called the Office of the Communications Authority (OFCA).
The Communications Authority's powers include the power to:
- grant, renew, regulate and monitor telecommunications and broadcasting licences;
- manage and administer the radio frequency spectrum and the telecommunications numbers;
- develop technical standards and conduct equipment testing in line with international best practices; and
- conduct examination and issuing certificates for the operating personnel of radiocommunications systems.
(b) Internet
The Communications Authority is the independent regulatory body responsible for enforcing, overseeing and regulating ISPs. Please refer to question 1.2(a) for more information.
(c) Media
Television and sound broadcasting: The Communications Authority is the independent regulatory body responsible for enforcing, overseeing and regulating the television and sound broadcasting sectors.
In addition to the powers listed in question 1.2(a), the Communications Authority is empowered to:
- make recommendations to the chief executive in Council on applications for licences;
- grant and renew television programme licences; and
- conduct examinations and issue certificates for the operating personnel of radiocommunications systems.
Print: The Registrar of Newspapers is the governing body in respect of the Registration of Local Newspapers Ordinance (Cap 268).
The Office for Film, Newspaper and Article Administration (OFNAA) is responsible for registering local newspapers under the Registration of Local Newspapers Ordinance (Cap 268).
The secretary for culture, sports and tourism is the governing body in respect of the Books Registration Ordinance (Cap 142).
Film: The Film Censorship Authority is the governing body in respect of the Film Censorship Ordinance (Cap 392). The Film Censorship Authority’s powers include:
- considering films submitted and issuing certificates of exemption and approval before exhibition; and
- assigning censors or advisers to a film.
OFNAA is responsible for enforcing its film classification system. Its powers include:
- classifying films for public exhibition and publication, and granting exemptions from classification;
- enforcing the age restriction for audience admission and other provisions under the Film Censorship Ordinance (Cap 392); and
- gauging public opinions on film classification standards.
All: The Obscene Articles Tribunal is the governing body of the Control of Obscene and Indecent Articles Ordinance (Cap 390). It adjudicates “on the offensiveness of the articles voluntarily submitted to it by publishers and law enforcement agencies, or referred to it by magistracies in the course of proceedings”.
OFNAA is responsible for controlling the publication of obscene and indecent articles by enforcing the Control of Obscene and Indecent Articles Ordinance (Cap 390). Its duties include:
- regulating the publication and public display of obscene and indecent articles; and
- taking enforcement and prosecution actions against violations of the Control of Obscene and Indecent Articles Ordinance (Cap 390).
(d) Social media
Office of the Privacy Commissioner for Personal Data (PCPD): The PCPD has the power to:
- monitor and supervise compliance with the provisions of the PDPO;
- promote and assist bodies representing data users to facilitate lawful and responsible use of personal data; and
- carry out inspections, including inspections of any personal data systems used by data users which are departments of the Hong Kong government or statutory corporations.
The Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region (‘CPG Office on National Security’): The CPG Office on National Security is the state security agency. Established in July 2020, it is responsible for overseeing, guiding, coordinating with and providing support to the Hong Kong government to safeguard national security in accordance with the National Security Law.
National Security Department of the Hong Kong Police Force: Subject to the approval of the secretary for security, the commissioner of police may authorise a designated officer to exercise powers to disable or remove electronic messages if the commissioner has reasonable grounds to suspect that:
- a person has published an electronic message on an electronic platform; and
- the publication is likely to constitute an offence endangering national security or is likely to cause the occurrence of an offence endangering national security.
Communications Authority: The Communications Authority is the body responsible for enforcing the UEMO in respect of unsolicited electronic messages. Under the UEMO, the Communications Authority’s powers include the power to:
- approve codes of practice;
- establish do-not-call registers;
- impose financial penalties; and
- issue enforcement notices.