-9The Statutory Framework
18.
The process of statutory construction begins with the text to be
construed, identification of the relevant constructional choices it presents, a
predisposition to choose an ordinary meaning, and a choice always informed by
context and purpose. The statutory text in this case is s 161(1)(c) of the Crimes
Ordinance (Cap 200), the provision under which the respondents were charged.
Its immediate context is the section read as a whole and its location in the
Ordinance.
19.
The section appears as the last substantive offence-creating
provision in the last part of the Ordinance, Part XIII entitled “Miscellaneous
Offences”. There are only two offence-creating sections, namely s 160 which
covers “loitering” and s 161 entitled “Access to computer with criminal or
dishonest intent”. Section 161 provides:
���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—
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