Hong Kong Ordinances

TELECOMMUNICATIONS ORDINANCE - SECT 27A

Unauthorized access to computer by telecommunications

(Past version on 30/06/1997).

(1) Any person who, by telecommunications, knowingly causes a computer to
perform any function to obtain unauthorized access to any program or data held
in a computer commits an offence and is liable on conviction to a fine of
$20000. (Amended 36 of 2000 s. 28)

(2) For the purposes of subsection (1)-

   (a)  the intent of the person need not be directed at-

        (i)    any particular program or data;

        (ii)   a program or data of a particular kind; or

        (iii)  a program or data held in a particular computer;

   (b)  access of any kind by a person to any program or data held in a
        computer is unauthorized if he is not entitled to control access of
        the kind in question to the program or data held in the computer and-

        (i)    he has not been authorized to obtain access of the kind in
               question to the program or data held in the computer by any
               person who is so entitled;

        (ii)   he does not believe that he has been so authorized; and

        (iii)  he does not believe that he would have been so authorized if he
               had applied for the appropriate authority.

(3) Subsection (1) has effect without prejudice to any law relating to powers
of inspection, search or seizure.

(4) Notwithstanding section 26 of the Magistrates Ordinance ( Cap  227),
proceedings for an offence under this section may be brought at any time
within 3 years of the commission of the offence or within 6 months of the
discovery of the offence by the prosecutor, whichever period expires first.
(Added 23 of 1993 s. 2)