-2Chief Justice Ma:
1.
I agree with the judgment of Mr Justice Robert French NPJ.
Mr Justice Ribeiro PJ:
2.
I agree with the judgment of Mr Justice Robert French NPJ.
Mr Justice Fok PJ:
3.
I agree with the judgment of Mr Justice Robert French NPJ.
Mr Justice Cheung PJ:
4.
I agree with the judgment of Mr Justice Robert French NPJ.
Mr Justice French NPJ:
Introduction
5.
It is an offence against s 161(1)(c) of the Crimes Ordinance (Cap
200) for a person to obtain access to a computer with a view to dishonest gain for
that person or for another. Primary school teachers and a friend who used phones
and a computer to transmit to third parties questions to be used in competitive
admission interviews were charged under the provision. They were acquitted of
the charges. The question on which this appeal turns is whether or not a person
can commit the offence when the only computer being used belongs to that
person. For the reasons that follow, the answer is no and the appeal by the
Secretary for Justice must be dismissed.