AI Regulatory Landscape in Hong Kong
Hong Kong is currently navigating the complexities of artificial intelligence (AI) regulation, as it lacks a comprehensive legislative framework governing the field. However, the region is actively developing sector-specific guidelines and investing in AI technologies.
Current Status of AI Regulations
As of now, there are no specific laws or regulations in Hong Kong that directly regulate AI technologies. Organizations operating in this domain must comply with existing sectoral laws supervised by various governmental entities, including:
- Digital Policy Office
- The Privacy Commissioner for Personal Data (PCPD)
- The Commerce and Economic Development Bureau
- The Intellectual Property Department
- The Financial Services and the Treasury Bureau (FSTB)
- The Securities and Futures Commission (SFC)
- The Hong Kong Monetary Authority (HKMA)
- The Insurance Authority
- The Mandatory Provident Fund Schemes Authority
- The Accounting and Financial Reporting Council
Voluntary Guidelines and Frameworks
Despite the absence of binding regulations, the Hong Kong government has introduced several voluntary guidelines to foster ethical AI practices:
- In July 2024, the Digital Policy Office released the Ethical Artificial Intelligence Framework, which provides ethical principles and governance models for AI.
- In April 2025, the Generative Artificial Intelligence Technical and Application Guidelines were introduced to establish best practices for the responsible development and use of generative AI technologies.
Moreover, the government is investing HK$1 billion (approximately US$128 million) to establish the Hong Kong AI Research and Development Institute, aiming to drive research and adoption of AI technologies.
Impact of Existing Laws on AI
While there are no specific laws regulating AI, certain practices that violate personal data rights or intellectual property are prohibited under existing legislation:
- The Personal Data (Privacy) Ordinance (PDPO) regulates the use of personal data, and compliance is mandatory.
- The PCPD has issued guidance on ethical AI usage, emphasizing data stewardship values.
- In June 2024, the Model Personal Data Protection Framework for Artificial Intelligence was introduced to provide practical measures for AI governance.
Intellectual Property Considerations
The intersection of AI and intellectual property rights is a significant focus area in Hong Kong:
- In July 2024, the Commerce and Economic Development Bureau and the Intellectual Property Department initiated a public consultation to update copyright laws in light of AI advancements.
- AI-generated works are currently covered under the Copyright Ordinance, but discussions are underway to enhance protections specific to AI-generated content.
Sector-Specific Guidelines
Hong Kong has issued several sector-specific policy statements reflecting its commitment to ethical AI standards:
- Banking and Finance: Guidelines issued by the FSTB, HKMA, and SFC aim to promote responsible AI adoption while mitigating risks.
- Healthcare: The Technical Reference TR-008 outlines requirements for AI in medical devices, ensuring they meet safety and performance standards.
- Insurance: The Insurance Authority has provided guidelines for the use of chatbots and AI technologies within the sector.
Core Principles for AI Governance
The 2025 Guidelines propose five key principles to govern the use of generative AI:
- Compliance with Laws: Stakeholders must ensure legal adherence and protect intellectual property and privacy.
- Security and Transparency: Emphasis on algorithm optimization and risk disclosure to enhance trust.
- Accuracy and Reliability: Mitigating risks to ensure reliable AI outputs through effective management.
- Fairness and Objectivity: Promoting diversity and preventing biases in AI content.
- Practicality and Efficiency: Enhancing the applicability of AI across various sectors to solve real-world problems.
Conclusion
In summary, while Hong Kong currently lacks specific AI regulations, the government is taking steps to establish a framework that encourages ethical practices and sector-specific guidelines. The ongoing development of voluntary frameworks and the commitment to research funding signify a proactive approach to addressing the challenges posed by AI technologies.
