In Hong Kong, you can legally record a conversation if you are one of the participants. This is known as one party consent. Recording someone else’s conversation without being part of it is illegal under the Interception of Communications and Surveillance Ordinance. Secret or harmful recordings may also violate privacy laws and carry fines or legal consequences.
If you have ever wondered whether you can record a phone call or an in-person conversation in Hong Kong without telling the other person, you’re definitely not alone. With so many people relying on voice notes, call recordings, and audio documentation today, the rules around recording conversations in Hong Kong can feel confusing.
Let’s walk through everything in a clear, beginner friendly way. By the end, you’ll know exactly when recording is legal, when it’s not, and how you can protect yourself.
What You Should Know First: Hong Kong’s Recording Law Basics
The big question most people ask is:
“Is it illegal to record a conversation in Hong Kong?”
Here’s the short answer you need:
Hong Kong is generally considered a one party consent region. This means you can record a conversation as long as you are one of the participants.
But there’s a catch. It becomes illegal if:
- you’re not part of the conversation
- the recording becomes intrusive surveillance
- you use it in a way that violates Hong Kong’s privacy laws
To truly understand how it works, you need to know the difference between personal recordings and interception laws.
Understanding the Main Laws that Apply in Hong Kong
When we talk about the legality of recording in Hong Kong, two major laws come into play:
1. The Interception of Communications and Surveillance Ordinance (ICSO)
This law makes it illegal to intercept someone’s communication without authorization. Interception usually means:
- secretly tapping a phone call
- accessing messages or calls that are not yours
- recording conversations you’re not part of
If you are part of the conversation, it is usually not considered interception.
2. Personal Data Privacy Ordinance (PDPO)
This law regulates how personal data is collected and used. If your recording contains:
- someone’s voice
- personal information
- sensitive statements
You must use that recording responsibly.
For personal use, you’re usually fine. But if you plan to share, publish, or use it as evidence, different rules apply.
Is Hong Kong One Party or Two Party Consent?
Hong Kong is generally a one party consent region.
This means:
If you are in the conversation, you can record it without asking anyone.
But if you’re not part of the conversation and still record it, then it becomes illegal under ICSO because it counts as unauthorized interception.
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When You Can Legally Record a Conversation in Hong Kong
Let’s make this super simple. You can legally record when:
1. You are part of the conversation
Example:
You’re having a business call and want to record it for reference. You can do it without telling the other person.
2. You are recording for personal safety
Example:
You’re being threatened or harassed. Recording to protect yourself is usually allowed.
3. The recording is for personal use
If you’re not planning to publish it or share it widely, you’re usually within your rights.
4. It happens in a public space
Where there is no expectation of privacy.
When Recording Becomes Illegal in Hong Kong
Now let’s look at the situations where recording someone would be a violation.
1. Recording a conversation you are not part of
This is the biggest red flag.
Example:
You place a device in your office to secretly record coworkers without being involved.
2. Using the recording to harm someone
If you record just to embarrass, harass, blackmail, or publicly shame someone, you’re breaking multiple laws.
3. Secretly recording in highly private spaces
Like bathrooms, changing rooms, locker rooms, private offices, hotel rooms, or medical facilities.
4. Recording and sharing it without consent
Especially when it contains:
- confidential business information
- sensitive personal information
- private disputes
In such cases, penalties under the PDPO may apply.
Can You Use Secret Recordings as Evidence in Hong Kong?
This is a very common question:
“Are secret recordings admissible in Hong Kong courts?”
Here is how it works:
- If you were part of the conversation, the recording can often be used as evidence.
- If the recording was done illegally or through interception, the court may refuse it.
Courts in Hong Kong usually balance:
- privacy rights
- the importance of the evidence
- how the recording was obtained
So while not guaranteed, many people successfully use their own recordings in civil and criminal cases.
Recording Conversations at Work in Hong Kong
The workplace is a bit different. Here’s how it works:
If you are an employee
You can record your own conversations with:
- your employer
- HR
- colleagues
This is because you are part of the conversation. Employees often do this to document harassment, discrimination, or unfair treatment.
If your employer records your calls
They must follow PDPO rules:
- Employees have the right to be informed about monitoring
- The company must have a clear policy
- Excessive or intrusive recording is not allowed
Hidden cameras or voice recorders at work
These are usually illegal unless:
- employees are notified
- there is a legitimate reason
- it is not placed in private areas
Hidden recording for personal revenge can become a criminal offense.
Can You Record Someone for Personal Safety in Hong Kong?
Yes, you generally can.
Recording someone for:
- harassment
- blackmail
- threats
- abusive behaviour
is allowed as long as you are part of the conversation.
Many people use this to protect themselves in disputes, conflicts, abusive relationships, or business scams.
Is It Legal to Record Phone Calls in Hong Kong Without Consent?
If you are one of the parties in the call:
- You can record it
- You do not need permission
- You do not need to notify anyone
If you are not part of the call:
- It is illegal
- It counts as interception
- You can face criminal penalties
Real Life Examples to Make It Clear
Example 1: You record a business call you’re part of
Legal.
Example 2: You record a customer complaining to you on the phone
Legal.
Example 3: You put a recorder under someone’s table to capture their conversations
Illegal.
Example 4: You record a threatening call for evidence
Legal.
Example 5: You secretly record a private meeting you are participating in
Usually legal.
Example 6: You publish someone’s recording without consent
Potentially illegal under PDPO.
What Happens If You Illegally Record Someone in Hong Kong?
Depending on the situation, you could face:
- Criminal charges under ICSO
- Fines
- Court orders
- Compensation claims
- Investigations by the Office of the Privacy Commissioner
Unauthorized interception is taken seriously.
How to Record Conversations Legally in Hong Kong (Checklist)
Here’s a simple guide you can follow:
- Be part of the conversation
- Avoid recording extremely private situations
- Do not record from hidden devices if you’re not present
- Use the recording only for legitimate reasons
- Do not publish it without thinking about privacy rules
- If you’re unsure, get professional legal advice
Frequently Asked Questions (FAQ)
Do you need consent to record a conversation in Hong Kong?
No, if you are part of the conversation. Yes, if you are not.
Is Hong Kong a one party or two party consent region?
One party consent.
Can I record a phone call without telling the other person?
Yes, as long as you are one of the participants.
Can secret recordings be used in court?
Often yes, but it depends on how they were obtained.
Is it legal to record someone at work?
Yes, if you are part of the conversation. Secret workplace surveillance is restricted.
Can my employer record my calls?
Only if there is a clear policy and employees are informed.
Is it illegal to record a private meeting?
Not if you are participating.
Final Thoughts
Recording a conversation in Hong Kong isn’t as complicated as it may seem. The key point to remember is this:
If you are part of the conversation, you usually have the right to record it.
If you’re not part of it, recording becomes illegal interception.
As long as you use recordings responsibly and respect privacy laws, you’re well within your legal rights.
