-8consented, to the act in question. It seems to me that the Legislature was content
to rely upon such general provisions to prevent any injustice being caused by the
breadth of the definition of misuse of a computer.
17.
I would therefore uphold the decision of the judge on paragraph (a).
Paragraph (c)
18.
The appellant submitted that prosecution based its case before the
magistrate solely upon paragraph (a). (Appellant’s case paragraphs 86-87).
There was no mention of paragraph (c) and the appellant adduced no evidence
upon the question of whether data was added to the bank’s computer or whether
he could be said to have intended or been reckless as to whether this would
happen. This objection appears to me well founded (see HKSAR v Hau Tung Ying
(2011) 14 HKCFAR 453, 470). I therefore consider that reliance upon paragraph
(c) would be unjust to the appellant. But for the reasons I have given in relation
to paragraph (a), I would dismiss the appeal.
Chief Justice Ma:
19.
For the above reasons, the appeal is dismissed.
(Geoffrey Ma)
Chief Justice
(Andrew Cheung)
Permanent Judge
(R A V Ribeiro)
Permanent Judge
(Joseph Fok)
Permanent Judge
(Lord Hoffmann)
Non-Permanent Judge
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