-14make it unlawful to gain access to computers with intent to deceive,
cause loss to another or gain for the offender.”
The recommendation in that paragraph gave rise to s 161.
Other
recommendations explain the other amendments made in the Bill.
28.
In the Second Reading Speech for the Bill in the Legislative Council,
the Secretary for Security said:
“Although there is no evidence at present that computer-related crime is
widespread, the Government believes it is necessary to put in place
appropriate legal sanctions against computer misuse, which can result in
dishonest gain for the wrongdoer or loss to others.”
He went on to say:
“…the Bill will create a new offence of gaining access to a computer with
dishonest intent or with intent to commit an offence. This would apply
irrespective of whether the access was unauthorized or not, and irrespective
of the means of access.”
29.
A Subcommittee of the Legislative Council was established to study
the Bill. It came up with a number of conclusions. Its work and recommendations
were set out in the speech of Mr Steven Poon in the Second Reading Debate. The
Committee had actively pursued the question of what constituted “unauthorized
access”. Mr Poon said:
“The subcommittee holds the view that unauthorized access to computers
should not include accidental access such as dialing [sic] a wrong number
or mistyping a key scenario. To address the subcommittee’s concern the
Administration has agreed to amend the relevant section by building in an
element of intent to the effect that only a person who intentionally obtains
access to a programme or data held in a computer without authority will be
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