- 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.

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