Following is a question by the Hon Chong Ho-fung and a reply by the Acting Secretary for Innovation, Technology and Industry, Ms Lillian Cheong, in the Legislative Council today (January 28):

Question:

     It has been reported that public concern has been aroused over an incident occurred last year in which a university student was suspected of using artificial intelligence (AI) technology to create indecent images of his classmates and friends without their consent. The Office of the Privacy Commissioner for Personal Data subsequently indicated that further actions had not been taken to follow up the incident so far, since no victims were willing to provide information. In this connection, will the Government inform this Council:

(1) whether any legislation is currently in place in Hong Kong to prohibit the use of AI technology to create indecent images of individuals without their consent; if so, of the details; if not, whether consideration will be given to enacting the relevant legislation;

(2) as there are views that the society lacks adequate awareness of the legal liabilities arising from making use of AI to create indecent images, will the Government step up publicity to enhance public awareness of the consequences of such illegal acts, and at the same time enable victims to understand their own rights and the channels for seeking assistance; and

(3) as there are views pointing out that since the university in which the aforesaid student is studying did not immediately report to the Police upon learning about the incident, doubts have been raised regarding the university's handling procedures, whether the Government has currently issued guidelines to the universities regarding situations where students are suspected of violating the law, or has mandated that the universities must immediately report the cases to the Police; if so, of the details; if not, whether consideration will be given to formulating the relevant guidelines?

Reply:

President,

     Regarding the question raised by Hon Chong Ho-fung, upon consulting the relevant bureaux, our reply is as follows.

(1) Under current legislation, there is no specific offence targeting the production of indecent photos of others. However, if the publication of indecent photos or personal privacy is involved, regardless of whether AI was used in their production, the following ordinances apply:

     (1) Any person who publishes or threatens to publish intimate images without consent may violate section 159AAE of the Crimes Ordinance, with a maximum penalty of five years of imprisonment. For crimes committed using computers, the Government will handle them under the offence of "access to computer with dishonest intent" under section 161 of the Crimes Ordinance;

     (2) Publication or display of obscene or indecent articles in Hong Kong, regardless of whether AI was used in their production, is regulated under the Control of Obscene and Indecent Articles Ordinance; and

     (3) In safeguarding personal privacy, the Personal Data (Privacy) Ordinance (PDPO), also being technology-neutral, regulates the collection and use of all personal data. Whether or not AI is used, the unlawful or unfair collection of personal data, or the use of data for new purposes without consent, may violate the data protection principles under the PDPO. Furthermore, if someone discloses information containing personal data without the data subject's consent, causing specified harm to the data subject or their family members, such conduct may constitute "doxxing" which is a criminal offence.

     Furthermore, to review whether the laws under different policy areas can keep pace with technological developments (including AI), the Department of Justice has commenced work on an inter-departmental working group and will co-ordinate with the relevant bureaux to consider whether potential or existing issues or situations should be addressed through legislation or other means. Meanwhile, conduct such as the use of AI to produce pornographic, obscene, or indecent images may, depending on the circumstances, be regarded as cyber-enabled crime. It is understood that the Subcommittee on Cybercrime under the Law Reform Commission of Hong Kong will after studying consult the public in due course.

(2) The Government actively provides concrete guidance and standards for the development and application of AI technology through establishment of guidelines. For example, the Digital Policy Office has developed the Ethical Artificial Intelligence Framework and the Hong Kong Generative Artificial Intelligence Technical and Application Guideline, which provide guidance on identifying and managing potential risks associated with AI projects. These guidelines stipulate that organisations and service users applying AI must comply with all applicable laws and regulations in Hong Kong, balancing the need for AI technology development with the need to ensure safety, etc.

     On privacy, the Office of the Privacy Commissioner for Personal Data (PCPD) has been strengthening various promotional and educational initiatives in recent years to enhance awareness of the public and organisations in safeguarding personal data privacy when using AI technologies. This includes organising educational seminars and workshops; the annual flagship event "Privacy Awareness Week 2025" in June 2025 under the theme "AI Security Matters for All"; and launching an "AI Security" hotline and a dedicated "AI Security" thematic website to provide one-stop access to AI-related guidance materials, educational resources, international developments in AI regulation and the latest updates and activities from the PCPD in promoting AI safety. These initiatives enabled members of the public and organisations to conveniently access practical tips when using AI.

     In addition, the Police will continue collaborating with various stakeholders to raise public awareness of voyeurism-related conduct through publicity and education, while encouraging the public to come forward and report crimes.

     The Government will continue to promote education and publicity to enhance public awareness of the legal responsibilities related to the use of AI.

(3) The Education Bureau (EDB) and the University Grants Committee (UGC) maintain a zero-tolerance stance toward any violation of law or discipline committed by students. The EDB and the UGC have all along maintained close communication with the universities, explicitly reminding them to handle suspected violations of regulations and laws with utmost seriousness and to actively co-operate with law enforcement agencies on relevant investigations. The UGC-funded universities have established mechanisms for handling student disciplinary matters. If a complaint is substantiated, the universities will take appropriate action in accordance with these mechanisms.

Ends/Wednesday, January 28, 2026
Issued at HKT 12:49

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