-2Chief Justice Ma: 1. I agree with the judgment of Mr Justice Robert French NPJ. Mr Justice Ribeiro PJ: 2. I agree with the judgment of Mr Justice Robert French NPJ. Mr Justice Fok PJ: 3. I agree with the judgment of Mr Justice Robert French NPJ. Mr Justice Cheung PJ: 4. I agree with the judgment of Mr Justice Robert French NPJ. Mr Justice French NPJ: Introduction 5. It is an offence against s 161(1)(c) of the Crimes Ordinance (Cap 200) for a person to obtain access to a computer with a view to dishonest gain for that person or for another. Primary school teachers and a friend who used phones and a computer to transmit to third parties questions to be used in competitive admission interviews were charged under the provision. They were acquitted of the charges. The question on which this appeal turns is whether or not a person can commit the offence when the only computer being used belongs to that person. For the reasons that follow, the answer is no and the appeal by the Secretary for Justice must be dismissed.

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