South China Morning Post (Hong Kong): IT experts voice fears over Article 23

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Information technology professionals have voiced fears that the government's proposal to introduce an anti-subversion law would inhibit the free flow of data in the cyber world.

Democrat Sin Chung-kai, who represents the information technology sector, said many of his constituents had told him of the danger of being charged over the content carried on Web sites. "The Article 23 legislation will have a direct impact on Hong Kong's status as Asia's information and telecommunications hub," he said.

In a detailed submission on the government's proposals, Mr Sin warned of the uncertainties being faced by the hosts of many Internet servers in Hong Kong in the face of the proposed offence of publishing, distributing, displaying or reproducing a "seditious publication".

Citing hongkong.com and yahoo.com.hk as examples, he said these Internet servers were not registered under the law governing newspaper registration in Hong Kong and therefore would not be eligible to use "reasonable excuse" as a defence.

Mr Sin also warned that Internet operators and mobile phone companies could be forced to vet the content of the messages on their e-mail systems and short message systems to avoid being caught under the proposed offence of failing to report a known offence of treason.

He said hundreds of cybercafes or PC rooms in Hong Kong which have access to computer war games could fall foul of the offence of staging an unlawful military exercise for virtual war games on the Internet. He said the terrorists in the September 11 attacks on the United States had reportedly learned their piloting skills by practising on Microsoft's flight simulator.

Mr Sin has written to Secretary for Security Regina Ip Lau Suk-yee to outline his fears.

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