@eLaw.com.hk by yip tse & tang, solicitors + notaries 葉謝鄧律師行

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Curbing forgery of Hong Kong smart identity cards

It was reported that in a joint operation in early 2004, the police forces in Macao and Zhuhai uncovered a cross-boundary criminal syndicate specialized in forging documents, and among the articles seized were some high-quality forged Hong Kong smart identity cards.

The Hong Kong Government has been very concerned about and have attached great importance to cross-boundary criminal activities of forgery syndicates. Well-established communication mechanism is in place for the law enforcement agencies to maintain close liaison and exchange information with the relevant Mainland, Macao and overseas authorities as well as representatives of consulates in Hong Kong on issues of mutual concern, including cross-boundary criminal activities of forgery syndicates. As for the case concerned, original intelligence indicated that the target of operation would not involve any forged Hong Kong identity documents and, therefore, the law enforcement agencies were not invited to participate in the operation. However, upon learning about the case, the Immigration Department (ImmD) had liaised with the relevant Mainland and Macao enforcement agencies and obtained relevant information for appropriate follow-up actions.

As soon as forged Hong Kong smart identity cards were uncovered early 2004, ImmD has, in collaboration with the relevant Mainland enforcement agencies, been investigating the cases actively. The Government does not preclude that criminal syndicates are involved but further details cannot be disclosed while investigations are underway. However, there is no evidence to suggest that the alleged criminal syndicate was involved in cases of forged smart identity cards found in Hong Kong in the past.

Forged Hong Kong smart identity cards seized by the law enforcement agencies in early 2004 were of poor quality and defects could be spotted easily. As for the forged identity cards seized later, they are of better quality. Nevertheless, the forgers are unable to grasp the anti-forgery features which are unique to the smart identity cards, such as :

optical variable ink,

multiple laser image,

kineprint that enables images to change colours when viewed at different angles, and

high-quality laser engraved photograph on polycarbonate card body.

According to the Government, it is not difficult for the general public to differentiate between a genuine card and a fake one under careful scrutiny. To prevent the public and employers from being deceived, ImmD has strengthened publicity in this respect. Apart from producing posters and pamphlets for public reference, it has held talks for banks, property management companies, construction companies and law enforcement agencies. A hotline (2824 1551) has also been set up to facilitate enquires by the public and employers.

Internet and Email Scams

Sometime in 2004, the Hong Kong Police managed to get hold of a Nigerian who have succeeded in cheating a lawyer employed at a leading Hong Kong law firm. The scam is widely known at “Nigerian Scam”. The police commented that it is hardly believable that someone could have been cheated in that way.

The power of the Internet has made it all too easy for these scams to flourish. The perpetuators can send thousands of emails without cost and then wait for someone to response. Sometimes, you may even receive the same messages by different email accounts you use.

Those looking for big business or easy big money (often falsely claimed to be having millions of US dollars) are often tempted by these scams. The scam messages sounds that you can get big money easily. If you are really tempted to take part it will inevitably make you lost money.

These scams often reach your business email box unsolicited and pretend to be highly confidential and private. They are typically known as "Nigerian Scam" or “Lotto Scams”. The tactics are the same although the “stories” may be different.

The “Westpac Bank Scam” is extremely dangerous because it will extract your ebanking details by posing as the valid Westpac Internet Banking site. Recently, perpetrators has begun the same scam with the St George Bank. In Hong Kong, quite a number of faked bank sites were discovered by the Hong Kong Monetary Authority. All pretended to be sites licensed to practiced in Hong Kong.

The Lotto Scam

The Lotto Scam will send you an email announcing that you are the lucky winner of a lottery win, which could exceed 1 million US dollars, even though you have not participated before. The senders claim to be the lawful lottery companies and of course these claims are false and the emails are also false.

The following are instances pretending to be coming from the following lottery companies:

International UK Lotto.

Lottery La Primitiva from Madrid.

Lottery Winners International even involves Bill Gates!
I

nternational Lottery Netherlands.

Net Lottery International

Overseas Stakes Lotto International scam

If you respond, an application form will be sent to you for your filling. The blanks will seek information about your bank account or ask you to pay a sizable sum of money to cover security, insurance, or administration costs. When they have obtained your information and your money, you would no longer hear from them.

Foreign legislations on digital signatures

Examples of foreign legislation concerning the effect and validity of digital signatures includes:

United States:

Uniform Electronic Transactions Act (UETA)

Electronic Signatures in Global and National Commerce Act (E-SIGN), at 15 U.S.C. 7001 et seq.

England and Wales

Electronic Communications Act 2000

Decided cases

Despite the fact that Hong Kong has introduced the Electronic Transactions Ordinance in 2001, there has been no decided case relating to the validity and use of digital signatures.

There are limited number of court decisions in foreign countries talking about the effect and validity of digital signatures or their related legislation:

re Piranha, Inc., 2003 WL 21468504 (N.D. Tex) (UETA does not preclude a person from contesting that he executed, adopted, or authorized an electronic signature that is purportedly his).

Cloud Corp. v. Hasbro, 314 F.3d 289 (7th Cir., 2002)http://www.emlf.org/Resources/cloud.pdf (E-SIGN does not apply retroactively to contracts formed before it took effect in 2000. Nevertheless, the statute of frauds was satisfied by the text of E-mails plus an (apparently) written notation.)

Sea-Land Service, Inc. v. Lozen International, 285 F.3d 808 (9th Cir., 2002) http://www.admiraltylawguide.com/circt/9thsealandlozen.pdf (Internal corporate E-mail with signature block, forwarded to a third party by another employee, was admissible over hearsay objection as a party-admission, where the statement was apparently within the scope of the author's and forwarder's employment.)

US Truth in Domain Names Act

The US Truth in Domain Names Act, in combination with the PROTECT Act, forbids knowingly using a misleading domain name with the intent to attract people into viewing a visual depiction of sexually explicit conduct on the Internet.

Hong Kong does not have similar legislation. This is because posting sexually explicit photos on the Internet is an offence under the Control of Obscene Articles Ordinance. Posting amounts to 'publication' as defined in the Ordinance.

Hong Kong Digital Entertainment Association

Established in 1999, the Hong Kong Digital Entertainment Association (HKDEA) is a non-profit making trade body and is dedicated to the betterment of the local digital entertainment industry. The association is based at The Hong Kong Polytechnic University (PolyU) and was initially supported through a grant by the Innovation Technology Commission of the HKSAR. HKDEA's missions are:

To promote technology development within the digital entertainment industry in order to create internationally competitive products;

To explore and develop new markets;

To eliminate the negative images associated with playing video games;

To discourage software piracy;

To facilitate communication and interaction between industries associated with digital entertainment, including toys, entertainment and video games.

Formed in 1999, the HKDEA was created during a time when there are relatively few local video games developers. As an ever-expanding industry that is still in the infant age, we believe that there are lots of opportunities for new start-ups, as well as existing developers to expand. The HKDEA was thus established to provide a mechanism upon which local developers could cooperate to ensure industry-wide prosperity.

InternetSolicitor.com and Corporate Community Participation

InternetSolicitor.com was set up by Yip, Tse & Tang, Solicitors and launched in 1999. It is constituted by partners and solicitors of Yip, Tse & Tang, Solicitors.

Its objective is to serve the public and its clients through the Internet as an open and freely accessible international infrastructure. Yip, Tse & Tang was selected by the ITS Department, HKSAR Government as a Reference Case on use of e-commerce on professional services.

Yip, Tse & Tang was awarded the Caring Company Logo 2003/04 by the Hong Kong Council of Social Service in recognition of their effort in demonstrating good corporate citizenship and contributing to a caring community.

Photo: Representatives of Yip, Tse & Tang, Thomas Tse (partner) and Pierre Sun (Solicitor) receive the Caring Company Certification at the public ceremony.

Yip, Tse & Tang becomes a leading law firm on bankruptcy legal service.

In about 30 months' time since its inception in August 2001, Yip, Tse & Tang has represented over 4,000 debtors in bankruptcy petitions. Bankruptcy applications will be heard in 3 to 4 months time. "Our lawyers are knowledgeable about the effects of bankruptcy order on bankrupts. A special web-site Broke.com.hk has been set up dedicated purely to bankruptcy subjects," said Thomas Tse, the creator of theBroke.com and partner of Yip, Tse & Tang heading the personal insolvency practice of the firm. TheBroke.com has been featured by over 10 local and international newspapers or magazines, including Reuters, BBC and Le Monde. Solicitors of the bankruptcy team were interviewed by TVB, ATV, Cable TV, RTHK, Commercial Radio and MetroRadio Broadcast on debt or bankruptcy subjects on many occasions.

The financial storm in 1997 has resulted in the decline of the Hong Kong economy. Many people have become the victims of that. The HKSAR Government has failed to offer any help to them. Many are indebted to lenders millions of dollars. In view of the bad employment situation and the deteriorating economy, self-bankruptcy is perhaps the only viable option for them. Yip, Tse & Tang charges $4500 as their professional charges. Visit Broke.com.hk to know more details.

Corporate Training on ECommerce Laws, Hong Kong

The advent of the Internet as a popular platform on electronic business has brought about demand of the corporations on e-commerce law training. Since 1999, Mr. Thomas Tse has been providing training lessons to corporations' managers, IT personnel, SMe executives and legal professionals on laws relating to the Internet, e-commerce and technology. The organisers were Hong Kong Productivity Council, Trade Development Council, Open University of Hong Kong (LiPACE) and Hong Kong Economic Times. There have been over 100 hours of presentations since made.

Corporate training content can be tailored made for different requirements. More information can be obtained by contacting by e-mail at ytt@ytt.com.hk .

Instances on Spamming

Goods commonly adopting spamming include pornography, medical products particularly Viagra, debt elimination and loans offering. Sometime.spam is also used for a vehile for crimes e.g. scams such as stock pump-and-dump schemes, pyramid schemes and the Nigerian money transfer fraud.