-23appellant argued that the application of s 161 in these cases is simply a matter of giving the words their natural meaning and giving effect to the legislative intent. 46. It was further argued that a restrictive interpretation of s 161 would significantly undermine its purpose and efficacy in combating computer-related crime. The appellant offered what was called a real case list of wrongdoing which would fall under a legal lacuna and could be committed with impunity on the narrow construction of s 161(1). The list included hacking, phishing – ie sending false emails to obtain credit card details, distributed denial of service attacks launched from Hong Kong against overseas targets, identity theft and clandestine photographs. There are two short comments to be made about the appellant’s 47. submissions. The first submission seeks a construction of s 161 which creates substantive offences beyond the scope of its purpose which was to create preparatory offences. The second submission appears to offer a desirable public policy and urges the Court to adopt a construction that advances that policy. But that is not the function of the Court in statutory construction. The Court seeks to ascertain the purpose of the statute to inform its construction. It does not identify a purpose which it thinks would be beneficial and then construe the statute to fit it.26 Conclusion 48. For the reasons set out above, s 161(1)(c) on its proper construction does not apply to the use by a person of his or her own computer, not involving access to another’s computer. For that reason, and in light of the concession made 26 China Field Ltd v Appeal Tribunal (Buildings) (No 2) (2009) 12 HKCFAR 342 at [36].

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