On December 6th, 2024, the Hong Kong Government published the Protection of Critical Infrastructures (Computer Systems) Bill ("Bill") in gazette to enhance cybersecurity standards for essential services and critical societal or economic activities in Hong Kong. The Bill aims to protect the security of the critical computer systems (CCS) of critical infrastructures (CIs), to regulate CIs’ operators (i.e., critical infrastructure operators (CIO) and to provide for the investigation into, and response to, computer-system security threats and incidents.
The regulation covers two major categories of critical infrastructure (CI):
Examples:
Critical Computer Systems (CCS)
CCSs refer to computer systems that are relevant to the provision of essential service of the core functions of computer systems, and those systems which, if interrupted or damaged, will seriously impact the normal functioning of the critical infrastructure.
Critical Infrastructure Operators (CIO)
Designated operators which operate a Specified CI.
CIO will need to fulfill three types of obligations below:
The codes of practice (CoPs) are issued in respect of CIO obligations to set out recommended standards and provide practical guidance to CIOs to fulfil the obligations.
Regulatory authorities
The Chief Executive of Hong Kong will appoint a new Commissioner of Critical Infrastructure (Computer-system Security), who, along with the designated authorities in Schedule 2 of the CI Bill for specific sectors (currently the Monetary Authority and the Communications Authority), (“Designated Authorities”), will serve as the regulating authorities.
Concerning the relevant legislation of the UK and EU, the penalties under the Bill will only include fines, with maximum level ranging from HK$500,000 to HK$5 million, and additional daily fines for persistent non-compliance for certain continuing offences, the maximum of which range from HK$50,000 to HK$100,000.
The obligations and requirements under the Bill which will result in offences and penalties for non-compliance will be imposed on CIOs at the organizational level only, and are not designed to target at their staff at individual level.
Jun 25, 2024
Protection of Critical Infrastructures (Computer Systems) Bill was proposed.
July 2, 2024
Tabled legislative proposal to the Legislative Concul Panel on Security for consultation.
Aug 1, 2024
Consultation period ends.
Oct 8, 2024
Published consultation report.
Dec 6, 2024
The Bill was gazetted.
2025
Commissioner's office to be setup within one year after legislation.
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