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SJ v Cheng Ka Yee & others
HK Court of Final Appeal, 4-Apr-2019
As we predicted last August, HK's highest court confirms that the Government has been overreaching by charging people with "obtaining access" to their own computers with criminal or dishonest intent. In such cases the Government must now prove the core offence rather than using the catch-all "but she used her computer/ smartphone/ smartwatch to prepare for an offence". You can't "obtain" something you already have.




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