- 4 The 3rd appellant also obtained details of Internet Service
Provider accounts from the 2nd appellant and used them to obtain access to
the Internet without payment. That he did in May 1999.
In 1998, however, the 3rd appellant had set up a web page on
the Internet. In that web page he invited members of the public to buy
compact discs of songs in the MP3 format. There was a list of some 300
songs. The 3rd appellant charged HK$88 for one disc, HK$160 for two
discs and HK$210 for three discs. He would request the purchaser to
deposit money into his personal bank account. After the 3rd appellant
received the money he would download the relevant songs from the
Internet and save them in the MP3 format on re-writable compact discs.
Because of the use of the MP3 format many more tracks could be included
on a compact disc produced by the 3rd appellant than on the normally
commercially available CDs. The 3rd appellant would send the completed
discs by post to the purchasers.
The Pleas of Guilty
The 1st appellant pleaded guilty to 14 charges of obtaining
access to a computer with a view to dishonest gain, contrary to section
161(c) of the Crimes Ordinance, Cap 200 and 8 charges of dealing with
proceeds, known or reasonably believed to represent proceeds of an
indictable offence, contrary to section 25(1) of the Organized and Serious
Crimes Ordinance, Cap 455.
The 2nd appellant pleaded guilty to three charges of criminal
damage, contrary to section 60(1) of the Crimes Ordinance, Cap 200 and