Pang, Chung Ping

SJ v Cheng Ka Yee & othersSection 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.

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