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12 charges of obtaining access to a computer with a view to dishonest gain,
contrary to section 161(c) of the Crimes Ordinance, Cap 200.
The 3rd appellant pleaded guilty to two 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 ten charges of making for
sale or hire infringing copies of copyright works without the licence of the
copyright owner, contrary to section 118(1)(a) and 119(1) of the Copyright
Ordinance, Cap 528.
The appropriateness of guidelines
Despite the fact that these appeals have been reserved for the
consideration of the Court of Appeal with a view to consideration as to
whether guidelines should be given in respect of the computer related
offences, specifically section 161 of the Crimes Ordinance, we decline to
do so on this occasion.
We have been informed that there have been less than ten
prosecutions in relation to offences under section 161 and in those
circumstances it is most unlikely that the full range of crimes which would
fall within section 161 would now be known or appreciated. The present
cases comprised gaining details of the Internet Service Provider accounts
and misusing those to avoid account charges. To this extent only small
sums of money were involved.
If bank accounts were accessed electronically large amounts
could be involved. It is conceivable that skilled computer operators could