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Ho Muk-wah was sentenced at Sha Tin Court on Thursday over seven counts of disclosing personal data without consent. Photo: Winson Wong

Hong Kong court jails man for 8 months in first sentencing under revamped privacy law over malicious disclosure of ex-partner’s private data

  • Ho Muk-wah received 8 months’ jail for seven counts of disclosing personal data without consent, including creating fake online accounts under ex-partner’s name
  • Magistrate says ‘court must send clear message’ to deter similar instances, citing psychological injuries inflicted by offender on victim and her family
Brian Wong

A 27-year-old man has become the first person to be sentenced for doxxing under Hong Kong’s revamped privacy law, receiving eight months in jail for maliciously leaking the personal information of his ex-girlfriend on social media.

Customer service assistant Ho Muk-wah returned to Sha Tin Court on Thursday to be sentenced for seven counts of disclosing personal data without consent, which he committed over a span of eight days in October last year.

Acting Principal Magistrate David Cheung Chi-wai said immediate imprisonment was inevitable, as the defendant had repeatedly violated the law to cause psychological injuries to the victim and her family.

“The court must send a clear message that, save for very exceptional cases, it will not condone this type of offence, as the offender has already inflicted significant injuries on the victim,” the magistrate said. “The offender must pay a substantial price and bear responsibility.”

Acting Principal Magistrate David Cheung has said the court must send a “clear message” to deter doxxing incidents. Photo: Handout

Pleading guilty to all charges in October 2022, Ho admitted he had impersonated his then partner on Instagram and two dating apps and pretended the victim was seeking sexual favours from strangers.

The defendant also published the complainant’s pictures and contact information on three chat groups on instant messaging app Telegram and described the married woman as “an unfaithful wife who would spend a night at someone’s home”.

“After [the defendant] had published the doxxing posts, [the victim] had been getting nuisance calls and WhatsApp messages from strangers for immoral dealings, and receiving phone calls after someone had used her personal data to borrow money and order food,” prosecutors told the court.

Upon his arrest in June this year, Ho admitted doxxing his former lover in a bid to draw her attention and expose her affairs to her husband.

Hong Kong woman arrested for allegedly doxxing husband’s former lover

Ho said he had also divulged the personal information of his ex-girlfriend’s husband, but added it was only to prove she was indeed engaged so as to encourage those attracted to married women to “cause nuisance” to her.

The court heard the victim fell out of love with Ho soon after the pair met on a dating app in September last year.

Defence lawyers explained in mitigation that the accused felt “cheated” by the married woman after his suggestion of offering her HK$1 million (US$128,612) to start their own family was rejected.

A victim impact report said the malicious publications had caused the woman serious psychological distress and had forced her to cut off her social networks to stop the unwelcome advances.

Lawyers for Ho highlighted the defendant’s “genuine remorse” and previous clear record in calling for a non-jail sentence.

The victim’s personal data was disclosed on several online platforms, including Telegram, without her consent. Photo: dpa

Ho was previously convicted of criminal intimidation and fined HK$2,000 for threatening the same victim last year. He was already in custody before Thursday’s sentence to await trial for allegedly intimidating and doxxing another woman he met on a dating app this year.

Disclosing personal information about an individual without consent carries a maximum penalty of five years in jail and a HK$1 million fine under the amended Personal Data (Privacy) Ordinance.

Senior personal data officer Lo Dik-fan welcomed the court’s ruling and warned that doxxers could face similar legal consequences.

The Office of the Privacy Commissioner for Personal Data has arrested 10 people and charged three of them since legal amendments outlawing doxxing took effect in October last year.

Hong Kong’s proposed anti-doxxing law far too broad and vague, critics argue

The legal changes came in the wake of widespread doxxing attacks during the anti-government protests that erupted in June 2019, with the personal details of police, officials and protesters disclosed online by opponents to encourage harassment.

Critics have warned that the new law could be used to curtail free expression and leave internet service providers susceptible to prosecution.

Ada Chung Lai-ling, the privacy commissioner for personal data, has insisted the new ordinance will not undermine freedom of speech and the free flow of information.

Separately, the police’s National Security Department on Wednesday laid three doxxing charges against a 49-year-old man, initially held over seditious articles he allegedly published online, accusing him of disclosing personal details of a policeman and two women without their consent.

Hong Kong man arrested for alleged sedition after online posts about anthem

Johnson Leung Fai, an engineering project manager, has been released on a bail of HK$70,000 pending his next court appearance in January.

He was also told to observe an array of conditions frequently required of defendants facing national security charges, including a ban on using mobile phones with internet connection and the deletion of social media content considered a risk to national security.

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