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-9Mr Randy Shek and Mr Geoffrey Yeung, instructed by Eric Yu & Company, for the Appellant Mr Ned Lai, SADPP, Ms Mickey Fung, SPP and Mr Ivan Cheung, SPP, of the Department of Justice, for the Respondent

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Chu Tsun Wai v HKSAR

Case Law

Country

Hong Kong

Country Location

Latitude: 22.3964

Longitude: 114.1095

Country Location (linked Case Law): Hong Kong

Decision Date: 1 de fev. de 2019

Case Status: Closed

Case Outcome (Procedural)

Affirmed Lower Court
Dismissed
Motion Denied

Case Outcome (Disposition)

Criminal Sanctions

Keywords

Cybercrime

Judicial Body: Supreme Court (court of final appeal)

Court Name: Court of Final Appeal

Case Number: FACC 20/2018

Case Summary: The appellant took part in a Distributed Denial of Service (‘DDoS’) attack on the website of a bank in Hong Kong. He argued that the computer was established to receive and respond to requests and during the attack it had done exactly as it was programmed to do, and that the attack caused no difference to the way it functioned. The court rejected this argument and held that the definition of the s 161 of the Crimes Ordinance did not require access to have been strictly unauthorized - applying as well to websites that offer global, open access: "The website and its server were established to provide banking services, not to deal with a multitude of requests made for no purposes except to inconvenience the bank and its customers and generate publicity for the attackers."

Case Significance: The decision establishes a binding or persuasive precedent within its jurisdiction.

Related Caselaw (self)

Chu Tsun Wai v HKSAR

Related Law

Crimes Ordinance (Cap. 200)

Source Name and URL: Legal Reference System

Notes: Cited from [2019] 1 HKC 588

Primary Documents

FACC000020_2018.pdf
English
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CYRILLA: Global Digital Rights Law

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Chu Tsun Wai v HKSAR

Primary Documents

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