Laws Related to Misuse of Computer and Data Privacy
- Telecommunication Ordinance – section on unauthorized access to computer by Telecommunication.
- Crimes Ordinance – section on destroy or damage of program and data, also on access to computer with criminal or dishonest intent.
- Theft Ordinance – unlawful damages to anything in a building including erasing computer program or data.
27A. Unauthorized access to computer by telecommunication (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 at level 4. (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.
59. Interpretation (1) In this Part, "property" (財產) means- (a) ... (b) any program, or data, held in a computer or in a computer storage medium, whether or not the program or data is property of a tangible nature. (1A) In this Part, "to destroy or damage any property" (摧毀或損壞財產) in relation to a computer includes the misuse of a computer. In this subsection, "misuse of a computer" (誤用電腦) means- (a) to cause a computer to function other than as it has been established to function by or on behalf of its owner, notwithstanding that the misuse may not impair the operation of the computer or a program held in the computer or the reliability of data held in the computer; (b) to alter or erase any program or data held in a computer or in a computer storage medium; (c) to add any program or data to the contents of a computer or of a computer storage medium, and any act which contributes towards causing the misuse of a kind referred to in paragraph (a), (b) or (c) shall be regarded as causing it. (Added 23 of 1993 s. 3)
161. Access to computer with criminal or dishonest intent (1) Any person who obtains access to a computer- (a) with intent to commit an offence; (b) with a dishonest intent to deceive; (c) with a view to dishonest gain for himself or another; or (d) with a dishonest intent to cause loss to another, whether on the same occasion as he obtains such access or on any future occasion, commits an offence and is liable on conviction upon indictment to imprisonment for 5 years.
(from Cap 200 CRIMES ORDINANCE)
11. Burglary (3A) The reference in subsection (2)(c) to doing unlawful damage to anything in a building includes- (a) unlawfully causing a computer in the building to function other than as it has been established by or on behalf of its owner to function, notwithstanding that the unlawful action may not impair the operation of the computer or a program held in the computer or the reliability of data held in the computer; (b) unlawfully altering or erasing any program, or data, held in a computer in the building or in a computer storage medium in the building; and (c) unlawfully adding any program or data to the contents of a computer in the building or a computer storage medium in the building.
(from Cap 210 THEFT ORDINANCE)