Neibour using internet account to download movies illegally

I overheard a couple of lads in the lift laughing about how one had logged onto someones wifi in the building to download movies and music from the internet. I'm now paranoid its mine since I just got setup with an internet router with a very strong signal quite recently.


Has anyone been prosecuted in HK for downloading movies from the net?


If its my internet connection, could I get into trouble?

Best thing you do is set up a password that no one can hack it..random numbers and letters..

all routers have a few security settings. first set it up with a password as suggested above. then restrict by MAC address. if the local kids can hack either or both of those they should have better things to do then download movies...


i am sure user guides etc are available for your router on the internet.

It's my understanding that the person downloading generally does not get prosecuted rather the person who shares out the files is the person they usually go after...

[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.


Issue 1: Whether the downloading act is a crime?


Following the decision of HKSAR v Chan Nai Ming (FACV No. 3/2007, known as the King of Crooks case), it is clear that the uploading act, the legal jargon is “sharing” infringing copies of copyright works using a computer technology, is a criminal offence under section 118(1)(g) of the Copyright Ordinance(Cap. 528) (CO).


Although there is no prosecuted case on act of downloading, you should be aware that the downloading act might also be subject to criminal offence and civil liability as follows:-


(1) When you are simultaneously downloading the infringing copy, some of the downloading systems (e.g. BT) may automatically distribute parts of the infringing copy to others through your computer, such “distribution” may constitute a civil liability under s26 of CO and a criminal offence under 118(1)(g) of CO.


(2) When you start to download an infringing copy, you access a computer with criminal or dishonest intent. Such act may constitute a criminal offence under s161 of Crimes Ordinance (Cap. 200).




Issue 2: Your Neighbor Illegally Accesses Your Internet Router


If your neighbor accesses your internet router for illegal uploading or downloading, he/she commits a criminal offence of accessing your computer with criminal or dishonest intent under s161 of Crimes Ordinance.



You are strongly advised to setup proper security and implement an authorization access code on your internet router.


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