AI Regulatory Framework in Hong Kong

The emergence of artificial intelligence (AI) has sparked discussions on its transformative impact on various aspects of life, including personalized advertising, smart homes and cities, and AI-assisted healthcare. Despite the rapid evolution of AI technology and the rush to introduce new applications, Hong Kong's existing laws may be inadequate in comprehensively addressing the consequences and potential challenges posed by AI.

Hong Kong's current AI regulatory framework in various domains

I. Data protection and privacy: Processing of personal data by AI systems and guidelines on the development and use of AI

Personal Data (Privacy) Ordinance (Cap. 486) (“PDPO”)

II. Intellectual property (“IP”): Potential infringement of IP by AI systems and ownership of AI-generated IP

IP rights are protected in Hong Kong under the common law and various legislation, such as the Copyright Ordinance (Cap. 528), the Trade Marks Ordinance (Cap. 559), and the Patents Ordinance (Cap. 514).

III. Operation and deployment of AI systems and applications: Hong Kong’s position and future directions

OGCIO - Ethical Artificial Intelligence Framework (“Framework”)

IV. Potential bias of AI systems: Existing safeguards under Hong Kong laws

anti-discrimination laws comprising the Sex Discrimination Ordinance (Cap. 480), the Disability Discrimination Ordinance (Cap. 487), the Family Status Discrimination Ordinance (Cap. 527), and the Race Discrimination Ordinance (Cap. 602)

V. Industry guidance: Industry-specific guidance from the Hong Kong Monetary Authority (“HKMA”) and the Securities and Futures Commission (“SFC”)