Hong Kong drafts first anti-spam law

Hong Kong and China are among the biggest global sources of spam

Hong Kong is readying its first anti-spam laws, promising fines and long prison terms for serious offenders.

The Chinese territory currently has no laws specifically outlawing junk email, and recent surveys looking at the sources of spam have included Hong Kong and China among the worst in the world. 

The proposed new law appears to threaten companies which knowingly use spammers to market their products if they are based in, or do business in, Hong Kong.

It may also allow action against individuals who authorise spam campaigns if they are in Hong Kong at the time the spam is sent.

The legislation has been designed to work with international anti-spam efforts. "The law covers all electronic messages with a Hong Kong connection. If it originated from Hong Kong, or is sent to Hong Kong, it is within the ambit of the bill," said Joseph Wong, Hong Kong's secretary for commerce, industry and technology.

"In so far as enforcement against those acts which originate from overseas, we would have to rely on our enforcement agencies working with enforcement agencies in other jurisdictions."

The government of the semi-autonomous Chinese territory has not yet released the full text of its proposed Unsolicited Electronic Messages Bill, but earlier comments and presentations by officials outline much of its content. 

The law is intended to be open ended, covering all present and future forms of electronic communication, including telephone, fax and instant messaging as well as email.