Hong KongImport and Export (Strategic Commodities) Regulations
Officially Strategic commodities licence requirement, Schedule 1 Category 5 Part 2 (information security) with the Cryptography Note
Also known as Cap. 60G.
Import and Export (Strategic Commodities) Regulations (Cap. 60 sub. leg. G) reg. 2(1) and Schedule 1, Category 5 Part 2; Import and Export Ordinance (Cap. 60), s. 6A(2)
In force.
An encryption items rule binding private bodies.
- Obligation class
- Licensing
As of .
What it requires
- Obtain an export licence from the Director before you export an article specified in Schedule 1 to the Import and Export (Strategic Commodities) Regulations, which includes software controlled under Category 5 Part 2 (Cap. 60 sub. leg. G reg. 2(1); Cap. 60 s. 6A(2)).
- Check whether the Cryptography Note releases the software: it must be generally available to the public by retail sale without restriction, its cryptographic functionality must not be easily changeable by the user, and the user must install it without further substantial supplier support, with details available to the appropriate authority on request (Schedule 1, Category 5 Part 2, Note 3(a)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Criminal exposure note
Exporting an article specified in Schedule 1 without a licence is an offence under section 6A(2) of the Import and Export Ordinance (Cap. 60), punishable on summary conviction by a fine of $500,000 and imprisonment for 2 years and on conviction on indictment by an unlimited fine and imprisonment for 7 years.
What this law does
A person may not export an article specified in Schedule 1 to the Import and Export (Strategic Commodities) Regulations except under a licence issued by the Director, and section 6A(2) of the Import and Export Ordinance makes an unlicensed export an offence. Export means to take, or cause to be taken, out of Hong Kong any article.
Category 5 Part 2 of Schedule 1, headed information security, lists in 5D002 software specially designed or modified for the development, production or use of the controlled cryptographic equipment, and software having the characteristics of, or performing or simulating the functions of, that equipment.
The Cryptography Note releases an item that is generally available to the public by retail sale without restriction, whose cryptographic functionality cannot easily be changed by the user and which the user installs without further substantial supplier support, and Category 5 Part 2 does not apply to products accompanying their user for personal use.
An offence is punishable on summary conviction by a fine of $500,000 and imprisonment for 2 years, and on conviction on indictment by an unlimited fine and imprisonment for 7 years. The Regulations date from , and later Legal Notices have amended the current Category 5 Part 2 text.
When LexLint raises it
When your app profile says your app ships encryption.