Skip to content

Something urgent? Call us now! (852) 3416 1711

First cybersecurity bill becomes law

By Claire Chow

Hong Kong, 7 April 2025: A new law designed to enhance the protection of computer systems deemed essential to the smooth running of Hong Kong has been passed by the Legislative Council on 19 March 2025. It is expected to come into effect on 1 January next year.

The Protection of Critical Infrastructures (Computer Systems) Bill, which we flagged last July ahead of a public consultation, is this city’s first cybersecurity law and aims to enhance cybersecurity and minimise disruptions caused by cybersecurity incidents to Hong Kong’s essential services. Hence, it covers eight sectors viewed as crucial to the normal functioning of society: energy; information technology; banking; communications; healthcare; and land, air and maritime transport.

Other infrastructure operators responsible for important social and economic activities, such as managing major sports and performance venues, as well as research and development parks, are also included.

The legislation requires so-called Critical Infrastructure Operators (CIOs) to take appropriate measures to protect any of their networks that are designated as Critical Computer Systems (CCSs), thus reducing the impact of their operations on society and citizens’ daily lives in the event of a cyberattack. CIOs are ultimately responsible for compliance, even if they employ contractors to run the infrastructure.

A Commissioner’s Office will be set up under the Security Bureau to oversee the new regime, including drawing up the list of CIOs. For their part, CIOs will face three categories of obligations:

Organisational: maintain an office in Hong Kong and report any changes in ownership to the Commissioner’s Office; set up a dedicated management unit to oversee the cybersecurity of CCSs; take part in a CCS security drill organised by the Commissioner’s Office after being given written notice.

Preventative: inform the Commissioner’s Office of material changes to CCSs, such as amendments to design, configuration, security or operation; formulate a CCS security plan and submit it to the Commissioner’s Office; conduct a CCS security assessment at least once a year.

Incident reporting: formulate an emergency response plan and submit it to the Commissioner’s Office; notify the Commissioner’s Office of serious incidents within 12 hours, or 48 hours for other incidents; co-operate with the Commissioner’s Office in responding to and investigating such incidents, and complying with any written directions or requests.

The government aims to begin setting up the Commissioner’s Office and shortlisting CIOs by June. However, companies affected by the legislation will not be publicly identified to reduce the risk of them becoming potential terrorist targets. Fines for non-compliance with any aspect of the new regime range up to HK$5 million, with additional daily fines in the event of continuing breaches.

The government has consistently stressed that the legislation covers only computer systems at large organisations and that it does not target SMEs, personal data or commercial secrets. Further, it does not cover essential services provided by the government, such as water supply and drainage relief, which are already regulated via internal guidelines.

Organisations and businesses are urged to assess whether they are likely to be designated as a CIO under the new legislation, to review their existing cybersecurity arrangements for any deficiencies and to update practices accordingly, including establishing clear protocols, conducting regular drills and to educate and train staff within your organisation.

Claire Chow is an Associate with BC&C, having joined the firm in 2019. She covers a broad range of practice areas including Civil and Commercial Litigation, and Judicial Review. She can be contacted at Claire@boasecohencollins.com.

40+ years of legal experience is just a click away.

Friendly and approachable, we are ready to answer your questions and offer you sound advice.

Contact us now

BC&C-contact-us

News & Knowledge

Learn more about what we do and what we say. Subscribe to our newsletter to ensure you receive our updates.

  • This field is for validation purposes and should be left unchanged.

Workshop showcases arbitration talent

Hong Kong, 29 January 2026: Our Consultant John Zhou and Associate Jasmine Kwong were pleased to represent BC&C and hone their advocacy skills at the eighth annual HK45 x Alvarez & Marsal Cross-Examination Workshop. Held at the Hong Kong International Arbitration Centre (HKIAC), it was the latest edition in a flagship programme designed to give […]

Read more

Futuristic travel has no time for squares

Dear Friends and Colleagues Hong Kong, 21 January 2026: Stroll amid the high-rise blocks of Lok Fu and a strange sight looms into view: a huge concrete-covered slope, almost 100m tall, painted with red and white squares. It is Checkerboard Hill, for decades a visual guide for pilots making the notoriously difficult landing at Kai […]

Read more

CFA gives clarity to bankruptcy procedure

By Alex Liu Hong Kong, 16 January 2025: A significant judgment from the Court of Final Appeal presents a clear legal framework allowing for the imprisonment of a bankrupt individual who wilfully refuses to disclose assets and income. The ruling provides welcome clarity in the complex regime governing bankruptcy protection and enforcement action. The top […]

Read more

Law & More: Episode 61 – Neil Kaplan KC

Hong Kong, 14 January 2026: This time our guest is Neil Kaplan KC, one of the world’s leading authorities on arbitration. Neil reflects on his long and distinguished career, beginning as a barrister in London before relocating to Hong Kong to serve in the pre-handover Attorney General’s Chambers. He discusses the joys of working in […]

Read more

Unlawful finfluencers feel the heat

By Arthur Chan and Jasmine Kwong Hong Kong, 5 January 2026: In a landmark case, a so-called finfluencer has received the first custodial sentence in Hong Kong for providing investment advice without a licence. The hearing highlights the perils of unlawful financial guidance from online sources and the determination of enforcement agencies – both here and overseas – […]

Read more