Sep 11, 2007

Hong Kong Legislation on the Cyber Crimes

1. Laws against Hacking (Unauthorized Access, Access with Criminal Intent)
There are two offences under the laws of Hong Kong aiming at "Hacking" activities:-
Cap.106 S.27a - Unauthorised access to computer by telecommunication
Cap.200 S.161- Access to computer with criminal or dishonest intent

CAP 106 TELECOMMUNICATIONS orDINANCE
Section 27A - Unauthorized access to computer by telecommunications - 16/06/2000
Section Num:
27A
Version Date
16/06/2000
Heading
Unauthorized access to computer by telecommunications


(1) Any person who, by telecommunications, knowingly causes a
computer to perform any function to obtain unauthorized access to any
program or data held in a computer commits an offence and is liable on
conviction to a fine of $20000. (Amended 36 of 2000 s. 28)
(2) For the purposes of subsection (1)-
(a) the intent of the person need not be directed at-
(i) any particular program or data;
(ii) a program or data of a particular kind; or
(iii) a program or data held in a particular computer;
(b) access of any kind by a person to any program or data held in a
computer is unauthorized if he is not entitled to control access of the
kind in question to the program or data held in the computer and-
(i) he has not been authorized to obtain access of the kind in
question to the program or data held in the computer by any person who is
so entitled;
(ii) he does not believe that he has been so authorized; and
(iii) he does not believe that he would have been so authorized if
he had applied for the appropriate authority.
(3) Subsection (1) has effect without prejudice to any law relating
to powers of inspection, search or seizure.
(4) Notwithstanding section 26 of the Magistrates ordinance (Cap
227), proceedings for an offence under this section may be brought at any
time within 3 years of the commission of the offence or within 6 months of
the discovery of the offence by the prosecutor, whichever period expires
first.
(Added 23 of 1993 s. 2)

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CAP 200 CRIMES orDINANCE
Section 161 - Access to computer with criminal or dishonest intent - 30/06/1997
Section Num:
161
Version Date
30/06/1997
Heading
Access to computer with criminal or dishonest intent


(1) Any person who obtains access to a computer-
(a) with intent to commit an offence;
(b) with a dishonest intent to deceive;
(c) with a view to dishonest gain for himself or another; or
(d) with a dishonest intent to cause loss to another,
whether on the same occasion as he obtains such access or on any future
occasion, commits an offence and is liable on conviction upon indictment
to imprisonment for 5 years.
(2) For the purposes of subsection (1) "gain" (獲益) and "loss" (損失)
are to be construed as extending not only to gain or loss in money or
other property, but as extending to any such gain or loss whether
temporary or permanent; and-
(a) "gain" (獲益) includes a gain by keeping what one has, as well as
a gain by getting what one has not; and
(b) "loss" (損失) includes a loss by not getting what one might get,
as well as a loss by parting with what one has.
(Added 23 of 1993 s. 5)

2. Laws against Criminal Damage
Section 59 - Interpretation - 30/06/1997
Section Num:
59
Version Date
30/06/1997
Heading
Interpretation


PART VIII

CRIMINAL DAMAGE TO PROPERTY

(1) In this Part, "property" (財產) means-
(a) property of a tangible nature, whether real or personal,
including money and-
(i) including wild creatures which have been tamed or are
ordinarily kept in captivity, and any other wild creatures or their
carcasses if, but only if, they have been reduced into possession which
has not been lost or abandoned or are in the course of being reduced into
possession; but
(ii) not including mushrooms growing wild on any land or flowers,
fruit or foliage of a plant growing wild on any land; or
(b) any program, or data, held in a computer or in a computer
storage medium, whether or not the program or data is property of a
tangible nature.
In this subsection, "mushroom" (菌類植物) includes any fungus and "plant" (植物) includes any shrub or tree. (Replaced 23 of 1993 s. 3)
(1A) In this Part, "to destroy or damage any property" (摧毀或損壞財產) in
relation to a computer includes the misuse of a computer.
In this subsection, "misuse of a computer" (誤用電腦) means-
(a) to cause a computer to function other than as it has been established to function by or on behalf of its owner, notwithstanding that the misuse may not impair the operation of the computer or a program held in the computer or the reliability of data held in the computer;
(b) to alter or erase any program or data held in a computer or in
a computer storage medium;
(c) to add any program or data to the contents of a computer or of
a computer storage medium, and any act which contributes towards causing the misuse of a kind referred to in paragraph (a), (b) or (c) shall be regarded as causing it. (Added 23 of 1993 s. 3)
(2) Property shall be treated for the purposes of this Part as belonging to any person-
(a) having the custody or control of it;
(b) having in it any proprietary right or interest (not being an
equitable interest arising only from an agreement to transfer or grant an
interest); or
(c) having a charge on it.
(3) Where property is subject to a trust, the persons to whom it belongs shall be so treated as including any person having a right to enforce the trust.
(4) Property of a corporation sole shall be so treated as belonging to the corporation notwithstanding a vacancy in the corporation.
(Added 48 of 1972 s. 3)
[cf. 1971 c. 48 s. 10 U.K.]

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Section 60 - Destroying or damaging property - 30/06/1997
Section Num:
60
Version Date
30/06/1997
Heading
Destroying or damaging property


(1) A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.
(2) A person who without lawful excuse destroys or damages any property, whether belonging to himself or another-
(a) intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; and
(b) intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered,
shall be guilty of an offence.
(3) An offence committed under this section by destroying or damaging property by fire shall be charged as arson.
(Added 48 of 1972 s. 3)
[cf. 1971 c. 48 s. 1 U.K.]

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