Cybercrime
Access to a computer with criminal or dishonest intent
“Access to a computer with criminal or dishonest intent” is an offence contrary to Section 161 of the Crimes Ordinance (Chapter 200).
Section 161(1) of the Crimes Ordinance (Chapter 200) provides:
Any person who obtains access to a computer-
- with intent to commit an offence;
- with a dishonest intent to deceive;
- with a view to dishonest gain for himself or another; or
- 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 upon conviction on indictment to imprisonment for 5 years.
The test for dishonesty is applied by the court in the form of two questions: (1) whether the defendant's conduct would be regarded as dishonest by the ordinary standards of reasonable and honest people; and if the answer to (1) is "yes", then (2) whether the defendant knew that his conduct was so regarded. If the answer to (2) is also "yes", then the defendant's conduct would be regarded as dishonest under the law; whether or not the defendant himself considered his conduct as dishonest is irrelevant.
A gain or loss does not have to be economic. Section 161(2) of the Crimes Ordinance (Chapter 200) states that "gain" and "loss" are to be construed as extending not only to a gain or loss of money or other property, but as extending to any sort of temporary or permanent gain or loss.
