Telecommunications Ordinance
Part 5
5-10
Section 27A
Cap. 106
(Amended 18 of 1994 s. 10; E.R. 2 of 2012)
27A.
Unauthorized access to computer by telecommunications
(1) Any person who, by telecommunications, knowingly causes
a computer to perform any function to obtain unauthorized
access to any program or data held in a computer commits
an offence and is liable on conviction to a fine at level 4.
(Amended 36 of 2000 s. 28; E.R. 2 of 2012)
(2) For the purposes of subsection (1)—
(a) the intent of the person need not be directed at—
(i) any particular program or data;
(ii) a program or data of a particular kind; or
(iii) a program or data held in a particular computer;
(b) access of any kind by a person to any program or data
held in a computer is unauthorized if he is not entitled
to control access of the kind in question to the program
or data held in the computer and—
(i) he has not been authorized to obtain access of the
kind in question to the program or data held in the
computer by any person who is so entitled;
(ii) he does not believe that he has been so authorized;
and
(iii) he does not believe that he would have been so
authorized if he had applied for the appropriate
authority.
(3) Subsection (1) has effect without prejudice to any law relating
to powers of inspection, search or seizure.
(4) Notwithstanding section 26 of the Magistrates Ordinance
(Cap. 227), proceedings for an offence under this section may
be brought at any time within 3 years of the commission of
Last updated date
2.8.2012
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