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SJ v Cheng Ka Yee & others | Section 161
HK Court of First Instance, 6-Aug-2018
Kudos to Deputy Judge Pang Chung Ping, who calls out the Government for its abuse of section 161 of the Crimes Ordinance, "obtaining access to a computer" with dishonest intent. He rules that something which is not a crime without the use of a computer cannot be a crime just because a computer is used, and that "obtaining access" to someone else's computer is not the same as "using" your own computer, whether it is a smartphone or any other type of computer. We wait to see whether the Government will take this to the higher courts, but in our view, the game is over.
Organisations
People
- Cheng, Ka Yee (1977) 鄭嘉儀
- Pang, Chung Ping 彭中屏
- Tsang, Wing Shan 曾詠珊
- U, Leng Kok 余玲菊
- Wong, Pui Man (1974) 黃佩雯
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