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We Chat has become an extremely popular way for people in the mainland to communicate, and people (and companies) in Hong Kong use it to reach out to mainland friends and the mainland market.A small reminder to those whose names are registered with We Chat: there have been a number of reported criminal cases in which heads of We Chat groups have been prosecuted, although none so far involve people from Hong Kong or people posting on We Chat from Hong Kong.One of the villagers, who opposed the sale, and organised a We Chat group to communicate better about protesting against the local authorities, was punished under that provision.The criminal judgment cited the defendant’s role as head of the We Chat group, among other offences.The court decided that the head of the group had a responsibility to supervise and examine what other group members posted and delete content if necessary.In a recent prosecution under Article 293 of the Criminal Law, a man’s role as head of a We Chat group was cited along with other evidence.Seriously disturbing the social order is punishable by up to three years incarceration, or seven years where serious consequences result.
Setting aside the complicated questions of cross-border criminal liability – which require close examination – let’s look at what is set out in the mainland Criminal Law and some recent court reports.
Users posting on We Chat have been prosecuted under various Criminal Law articles.
A more recent addition to the Criminal Law arsenal is Article 291-1 1 (in effect from November 1, 2015) of the Criminal Law.
It outlaws the fabrication of false reports of danger, epidemic, disasters or security alerts and transmitting them through information networks or other media.
The which punishes organising a mob to disturb public order, has also been cited.
Villagers in Foshan () were angry that the village authorities were selling their land.