- 6 12.
Counsel for the Appellant urged on his client’s behalf and in
his favour that he is not a computer hacker. This is not an occasion for me
to pronounce on what does or does not amount to hacking. Whether the
Appellant’s conduct is or is not so described, the fact is that he offended
against s. 161 and, what is more, did so in circumstances which betrayed
the trust of a customer who had delivered her computer to him for servicing.
Where, as in the present case, the function of the proper sentence includes
deterring not only conduct contrary to s. 161 in the ordinary way but also
deterring betrayal of trust, it is even more difficult than usual to regard a
community service order as appropriate.
13.
In my judgment, the sentence passed by the Magistrate is
proper and should be affirmed. This appeal against sentence is dismissed.
(V. Bokhary)
Judge of the Court of First Instance
High Court
Mr Philip Wong, instructed by Messrs Lau, Chan & Ko, for the Appellant.
Miss Ada Chan, GC of the Department of Justice, for the respondent.