-22use of computers in an age of electronic banking and online sales and purchase to commit fraud. Reference was made to the use of social networking sites to stalk and harass. The internet, it was said, “facilitates new modes of offending at a scale that can hardly be achieved in the offline physical environment.” 19 Examples were given of the application of s 161(1) in the prosecution of cases, involving: (i) use of a private email account to forward a company email to another by using the copy and paste method;20 (ii) use of a mobile phone to take clandestine images in private places;21 (iii) uploading sex videos on to the internet;22 (iv) sending an email which contains false information;23 (v) use of a computer to make an application on the internet for a credit card for some fraudulent scheme.24 Those forms of offending, it was submitted, could not have been foreseen at the time of the enactment of the Computer Crimes Ordinance 1993. However they all involved misuse of a computer and, according to the appellant, “fall squarely within the language of s 161, which is essentially an offence of dishonesty and was specifically created and added to the [Crimes Ordinance (Cap 200)] under Part XIII of Miscellaneous Offences to proscribe computer misuse.” 25 The 19 20 21 22 23 24 25 Case for the appellant para 44. HKSAR v Siu Pui Yiu FAMC 47/2012. HKSAR v Ho Siu-Hei, Jason [2018] HKCFI 974, unreported. HKSAR v Wong Ngai Sang DCCC 200/2017, unreported. HKSAR v Yip Kim Po and Five Ors CACC 353/2010, unreported. HKSAR v Lai Mei Yuk, Candy CACC 427/2003, unreported. Case for the appellant para 46.