What Changed
- Hong Kong SAR is establishing a dedicated task force on minors' use of social media and drafting an amendment bill with eight new bespoke child sexual offences.
- Courts in Hong Kong possess extra-territorial authority under the Crimes Ordinance to order overseas online platforms to remove non-consensual intimate images.
- A joint multi-jurisdictional operation between Hong Kong and six Asian countries in March-April 2026 resulted in 326 arrests for child pornography.
Background
On October 22, 2026, the Secretary for Justice of the Hong Kong Special Administrative Region (Hong Kong SAR), Mr Paul Lam, SC, delivered a speech at the plenary session of the 16th China-ASEAN Prosecutors-General Conference in Brunei. The speech addressed the growing regional and international imperative to protect children from evolving digital threats, including online grooming, non-consensual intimate image sharing, deepfake manipulation, cyberbullying, coercion, and fraud.
The address framed digital protection for minors as a shared regional responsibility requiring coordinated statutory, administrative, and cross-border enforcement measures. Strategically, these efforts align with the First Five-Year Plan for Economic and Social Development of the Hong Kong Special Administrative Region (2026-2030), published on September 16, 2026, in alignment with China's National 15th Five-Year Plan, as well as policy commitments announced in the SAR's Policy Address 2026.
Hong Kong's Existing Legal Framework
Hong Kong SAR maintains a multi-tiered legal structure combining targeted child protection legislation with technologically neutral criminal offences to combat online exploitation:
- Prevention of Child Pornography Ordinance: Criminalises printing, producing, copying, importing, exporting, publishing, and possessing child pornography, carrying maximum penalties ranging from three to eight years' imprisonment upon conviction. It includes statutory provisions for the forfeiture of child pornography and related apparatus. Crucially, the statutory definition of "child pornography" covers any "computer-generated image or other visual depiction," irrespective of whether it is created by electronic or other means, whether it depicts a real person, or whether it has been modified.
- Crimes Ordinance (Part XIIAA): Enacted in 2021, Part XIIAA created a statutory regime governing voyeurism and non-consensual intimate image offences. It criminalises observing, recording, publishing, or threatening to publish intimate images without consent, with penalties up to five years' imprisonment. The law explicitly includes images altered to depict intimate acts or parts. Under this framework, a child under the age of 16 is legally incapable of giving consent. Furthermore, courts are empowered to issue extra-territorial disposal orders requiring individuals or entities, whether in Hong Kong SAR or abroad, to remove, delete, or destroy non-consensual intimate images during proceedings, remaining valid even if prosecution is discontinued or the defendant acquitted.
- Technologically Neutral Criminal Offences: Traditional criminal provisions apply equally to digital conduct. Offences such as cyberbullying and online extortion are prosecuted under criminal intimidation (maximum five years' imprisonment) or blackmail (maximum 14 years' imprisonment). In a 2018 Court of Appeal ruling, key sentencing principles were established for secret filming, explicitly citing the severe risk of rapid, indefinite online dissemination.
Emerging Risks and Legislative Initiatives
To address emerging risks posed by new technologies, Hong Kong SAR is advancing several statutory and operational initiatives:
1. Dedicated Task Force on Minors' Use of Social Media: Announced in the Policy Address 2026, this task force operates under the Inter-Departmental Working Group to Review Legislation to Support Wider Application of AI, led by the Department of Justice. It assesses social media risks to minors and explores platform duties, such as risk identification, age safeguards, and accessible reporting channels.
2. Law Reform Commission Cybercrime Sub-committee Review: Following its initial report recommending bespoke cybercrime legislation, the sub-committee is currently reviewing statutory solutions for AI-enabled crimes, illicit synthetic pornography, online fraud, and deepfakes targeting minors.
3. Comprehensive Sexual Offence Reform: The Government will introduce an amendment bill establishing eight new bespoke child sexual offences, including grooming, causing a child to view sexual images, and engaging in sexual communication with a child.
4. Department of Justice Specialized Task Force: Established in 2022 alongside the Hong Kong Police Force and Social Welfare Department, the task force on vulnerable witnesses and child protection has issued around 900 pieces of legal advice to facilitate early intervention and protective trial safeguards.
5. Evidence (Amendment) Bill 2026: Gazetted on June 12, 2026, this reform relaxes criminal hearsay rule exceptions in criminal and surrender proceedings to improve the admissibility of foreign digital records.
International Co-operation and Enforcement
Recognizing the borderless nature of cyber-enabled child abuse, Hong Kong SAR continues to strengthen international enforcement channels:
- INTERPOL ICSE Database: In 2025, the Hong Kong Police Force joined INTERPOL's International Child Sexual Exploitation database, utilizing advanced algorithms across more than 70 jurisdictions.
- Joint Regional Operations: From March to April 2026, Hong Kong SAR participated in a multi-jurisdictional operation against child pornography alongside Brunei, Singapore, Malaysia, Japan, South Korea, and Thailand, resulting in 326 arrests and the seizure of mobile devices.
- Judicial Assistance Tools: Under Part IIIA of the Criminal Procedure Ordinance, child witnesses may give evidence via live video-link or pre-recorded interviews. Under Part VIIIA of the Evidence Ordinance, courts can issue letters of request to obtain evidence from foreign authorities.
Frequently Asked Questions
Q1: Does Hong Kong's child pornography legislation cover AI-generated or synthetic media?
A1: Yes. The statutory definition under the Prevention of Child Pornography Ordinance explicitly covers any "computer-generated image or other visual depiction," regardless of whether it was generated electronically, depicts a real person, or has been altered.
Q2: Can Hong Kong courts order internet platforms based outside Hong Kong SAR to remove intimate images?
A2: Yes. Under Part XIIAA of the Crimes Ordinance, courts possess statutory authority to issue disposal orders requiring entities or persons outside Hong Kong SAR to remove, delete, or destroy non-consensual intimate images.
Q3: What new criminal offences are being proposed in Hong Kong SAR to protect children online?
A3: The Hong Kong SAR Government plans to introduce an amendment bill establishing eight new bespoke child sexual offences, targeting conduct such as grooming, causing a child to view sexual images, and engaging in sexual communication with a child.
Q4: What recent international law enforcement results were highlighted by the Secretary for Justice?
A4: Between March and April 2026, Hong Kong SAR joined law enforcement agencies from Brunei, Singapore, Malaysia, Japan, South Korea, and Thailand in a co-ordinated operation against child pornography, resulting in 326 arrests and device seizures.
Who May Be Affected
Digital platform operators, internet service providers, law enforcement agencies, legal practitioners, and minors in Hong Kong SAR and partner jurisdictions.
Cross-Border Context
Speech delivered at the 16th China-ASEAN Prosecutors-General Conference in Brunei; highlights Hong Kong SAR's alignment with China's 15th Five-Year Plan and cross-border cooperation with ASEAN nations, Japan, South Korea, and INTERPOL.
What to check next
- Track the progress and provisions of the upcoming amendment bill introducing eight new child sexual offences in Hong Kong SAR.
- Monitor updates on the Evidence (Amendment) Bill 2026 gazetted on June 12, 2026.
- Follow recommendations from the Law Reform Commission Cybercrime Sub-committee regarding AI-generated synthetic pornography.
This article provides general information and does not constitute legal advice. Consult the official text and obtain advice appropriate to your circumstances where needed.