The Hong Kong government has proposed new offences under a real-name SIM card registration system to criminalise the improper use of SIMs registered in another person’s name.
According to a proposal submitted to the Legislative Council (LegCo) this month, the government proposed making it illegal to provide or solicit personal information that would be used by another person to register a SIM card.
Selling or buying, leasing or renting, lending or borrowing, and supplying or acquiring a SIM card already registered with someone’s personal information will also be illegal.
The authorities are also seeking to criminalise possession of a SIM card with another person’s information, unless done with reasonable cause or excuse.
Someone who possesses 10 or more SIM cards registered with another person’s information will be presumed to have the intent to use those cards to “commit a crime or facilitate the commission of a crime.”
Fraudulent activities
The proposal cited market surveillance conducted by the Office of the Communications Authority (OFCA), which suggested that there were individuals selling registered pre-paid SIM cards or offering to provide their personal information for real-name registration.
Such practices are inconsistent with the objective of the real-name registration system and “possibly involve fraudulent activities,” the proposal said.
The government has proposed a maximum fine of HK$25,000 or 12 months’ imprisonment. The police will be primarily responsible for enforcement, according to the proposal.
It also stated that members of the public, businesses or organisations that use or possess multiple SIM cards registered with other people’s information “with reasonable justification or excuse” will not be affected by the proposed offences.
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For instance, a minor or an elderly person may register a SIM card through their family members, and a company or organisation may have multiple registered SIM cards for use by its staff, “with proper authorisation and in compliance with the regulatory procedures.”
Separate from the three new offences, the government is also proposing to limit each person to three prepaid SIM cards per telecommunications service provider, down from the current 10.
The changes to the Telecommunications (Registration of SIM Cards) Regulation would help minimise the risk of abuse while causing “minimal impact” to the majority of users, the government said.
Criminalising the improper use of registered SIM cards and implementing a reduced registration limit of prepaid SIM cards for individual users can effectively combat fraudulent activities and better protect service users from potential harm, the proposal said.
The authorities aim to introduce the amendments to the legislature for scrutiny in 2026.
