Hong KongTelecommunications Ordinance, offences by telecommunications officers over messages
Telecommunications Ordinance (Cap. 106), s. 24
In force.
An interception and recording consent rule binding private bodies.
- Obligation class
- Prohibition
As of .
What it requires
- If you are a telecommunications officer or have official duties in connection with a telecommunications service, do not wilfully destroy, secrete, alter or forge a message, wilfully abstain from transmitting, intercept, detain or delay it, or copy it or disclose it or its purport to anyone but the addressee, except in pursuance of duty or as a court directs (section 24(1)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Criminal exposure note
Summary conviction carries a fine at level 4 and imprisonment for 2 years (section 24(1)). A fine at level 4 is $25,000.
Penalty structure
Level 4 fine on summary conviction, with imprisonment of up to 2 years.
- Rule
- Fixed only
- As of
- Currency
- HKD
- Fixed cap
- 25,000
What this law does
Section 24 makes it an offence for a telecommunications officer, or a person with official duties in connection with a telecommunications service, to wilfully destroy, secrete or alter a message received for transmission or delivery, to forge a message or utter one known to be forged or altered, to wilfully abstain from transmitting, or intercept, detain or delay, a message, or otherwise than in pursuance of duty or as directed by a court to copy a message or disclose it or its purport to anyone other than the addressee.
The offence is punishable on summary conviction by a fine at level 4 and imprisonment for 2 years. The section does not apply to acts done to comply with the Telecommunications Ordinance or the Unsolicited Electronic Messages Ordinance, to implement a licence or customer contract, or to comply with a lawful customer request. The Telecommunications Ordinance does not bind the State unless it expressly provides otherwise (section 3).
When LexLint raises it
When your app profile says your app provides telecom services.