Hong Kong News

Nonpartisan, Noncommercial, unconstrained.
Thursday, Apr 25, 2024

New cybersecurity probe rules apply to Hong Kong IPOs, complicating options

New cybersecurity probe rules apply to Hong Kong IPOs, complicating options

A draft regulation from the Cyberspace Administration of China clarifies rules for listing in Hong Kong, while separating them from the foreign IPO requirements.

China will impose a cybersecurity review on mainland companies seeking initial public offerings in Hong Kong on national security grounds, according to a draft regulation released on Sunday, adding a new layer of oversight for Chinese tech giants from ByteDance to Didi Chuxing if they choose to sell shares in the city.

The Cyberspace Administration of China (CAC), the country’s top cybersecurity authority, released the draft regulation titled “Network Data Security Management Regulations” for public consultation through December 13, with the final version being subject to change. The regulation stipulates that “data-processing entities seeking a listing in Hong Kong that will influence or may influence national security” must apply for a cybersecurity check.

The draft is the first time the Chinese government has clarified that some IPOs in Hong Kong will be subject to a data security screening. New rules earlier this year required such a review for foreign IPOs of some companies, but the rules for Hong Kong were unclear. The new regulation could introduce an additional regulatory layer for listing in the city.

The proposed regulation does not specify criteria to merit national security concerns, but explanatory notes list a wide range of “important data” that could qualify, including unpublished government data, data on key technologies and scientific research, data on the economy and key sectors such as telecoms, finance and energy, as well as data regarding national geography, key infrastructure and genetics.

Amid increased cybersecurity scrutiny, multiple Chinese tech companies have delayed or scrapped plans to go public overseas. An IPO for TikTok owner ByteDance, the world’s most valuable privately held company, has been highly anticipated, but the company denied reports this year that it was looking at listing in Hong Kong.

The draft regulation is designed for the implementation of the country’s three major laws governing data collection and usage: the 2017 Cybersecurity Law, and this year’s Data Security Law and the Personal Information Protection law.

The new draft comes after Chinese authorities released a draft of the “Measures for Cybersecurity Review” in July. That regulation specified that technology platform companies with the personal data of more than 1 million users must apply for a review from the Cybersecurity Review Office if they plan to list in a foreign market. The office under the CAC is backed by 12 powerful Chinese ministries and was little known until this year.

Companies that fail to comply with the review requirement face having their business licenses revoked and a fine of 500,000 yuan to 2 million yuan (US$78,360 to US$313,450).

Hong Kong’s stock exchange competes with those in the US to attract Chinese companies, which have found themselves caught in the crossfire of an escalating US-China tech war that has resulted in regulatory uncertainty both in New York and in mainland China. The new rules could complicate IPO strategies for executives hoping foreign listing rules would not apply to Hong Kong.

However, the new draft regulation puts the Hong Kong listing requirements in a separate clause from those for “foreign IPOs”, and it is less specific, suggesting listing in the special administrative region may still be easier than in foreign markets.

In an interview with the South China Morning Post in July, Hong Kong Financial Secretary Paul Chan Mo-po said that Hong Kong remains the ideal choice for mainland Chinese firms eyeing IPOs.

“Being part of the same country, data security is not a concern,” he said. “We have very stringent requirements in terms of personal data privacy protection, so those tech companies coming here will be able to avoid the sudden regulatory shocks that they have seen in the past month.”

Beijing has intensified a cybersecurity crackdown since ride-hailing giant Didi Chuxing listed on the New York Stock Exchange in June in the face of government concerns. Two days after the US$4.4 billion IPO, Beijing launched a cybersecurity probe into the company. Days later, the CAC also launched probes into Full Truck Alliance and Boss Zhipin, two other companies that had listed in New York in June.

The investigations were for “effectively preventing potential national security risks relating to procurement, data processing and overseas listings”, the state-owned Xinhua News Agency said in a report last month.

Since launching the cybersecurity reviews, Beijing authorities have introduced multiple new laws and regulations related to data security, including the measures on overseas listings.

Newsletter

Related Articles

Hong Kong News
0:00
0:00
Close
It's always the people with the dirty hands pointing their fingers
Paper straws found to contain long-lasting and potentially toxic chemicals - study
FTX's Bankman-Fried headed for jail after judge revokes bail
Blackrock gets half a trillion dollar deal to rebuild Ukraine
Steve Jobs' Son Launches Venture Capital Firm With $200 Million For Cancer Treatments
Google reshuffles Assistant unit, lays off some staffers, to 'supercharge' products with A.I.
End of Viagra? FDA approved a gel against erectile dysfunction
UK sanctions Russians judges over dual British national Kara-Murza's trial
US restricts visa-free travel for Hungarian passport holders because of security concerns
America's First New Nuclear Reactor in Nearly Seven Years Begins Operations
Southeast Asia moves closer to economic unity with new regional payments system
Political leader from South Africa, Julius Malema, led violent racist chants at a massive rally on Saturday
Today Hunter Biden’s best friend and business associate, Devon Archer, testified that Joe Biden met in Georgetown with Russian Moscow Mayor's Wife Yelena Baturina who later paid Hunter Biden $3.5 million in so called “consulting fees”
'I am not your servant': IndiGo crew member, passenger get into row over airline meal
Singapore Carries Out First Execution of a Woman in Two Decades Amid Capital Punishment Debate
Spanish Citizenship Granted to Iranian chess player who removed hijab
US Senate Republican Mitch McConnell freezes up, leaves press conference
Speaker McCarthy says the United States House of Representatives is getting ready to impeach Joe Biden.
San Francisco car crash
This camera man is a genius
3D ad in front of Burj Khalifa
Next level gaming
BMW driver…
Google testing journalism AI. We are doing it already 2 years, and without Google biased propoganda and manipulated censorship
Unlike illegal imigrants coming by boats - US Citizens Will Need Visa To Travel To Europe in 2024
Musk announces Twitter name and logo change to X.com
The politician and the journalist lost control and started fighting on live broadcast.
The future of sports
Unveiling the Black Hole: The Mysterious Fate of EU's Aid to Ukraine
Farewell to a Music Titan: Tony Bennett, Renowned Jazz and Pop Vocalist, Passes Away at 96
Alarming Behavior Among Florida's Sharks Raises Concerns Over Possible Cocaine Exposure
Transgender Exclusion in Miss Italy Stirs Controversy Amidst Changing Global Beauty Pageant Landscape
Joe Biden admitted, in his own words, that he delivered what he promised in exchange for the $10 million bribe he received from the Ukraine Oil Company.
TikTok Takes On Spotify And Apple, Launches Own Music Service
Global Trend: Using Anti-Fake News Laws as Censorship Tools - A Deep Dive into Tunisia's Scenario
Arresting Putin During South African Visit Would Equate to War Declaration, Asserts President Ramaphosa
Hacktivist Collective Anonymous Launches 'Project Disclosure' to Unearth Information on UFOs and ETIs
Typo sends millions of US military emails to Russian ally Mali
Server Arrested For Theft After Refusing To Pay A Table's $100 Restaurant Bill When They Dined & Dashed
The Changing Face of Europe: How Mass Migration is Reshaping the Political Landscape
China Urges EU to Clarify Strategic Partnership Amid Trade Tensions
The Last Pour: Anchor Brewing, America's Pioneer Craft Brewer, Closes After 127 Years
Democracy not: EU's Digital Commissioner Considers Shutting Down Social Media Platforms Amid Social Unrest
Sarah Silverman and Renowned Authors Lodge Copyright Infringement Case Against OpenAI and Meta
Why Do Tech Executives Support Kennedy Jr.?
The New York Times Announces Closure of its Sports Section in Favor of The Athletic
BBC Anchor Huw Edwards Hospitalized Amid Child Sex Abuse Allegations, Family Confirms
Florida Attorney General requests Meta CEO's testimony on company's platforms' alleged facilitation of illicit activities
The Distorted Mirror of actual approval ratings: Examining the True Threat to Democracy Beyond the Persona of Putin
40,000 child slaves in Congo are forced to work in cobalt mines so we can drive electric cars.
×