香港新浪網 MySinaBlog
« 上一篇 | 下一篇 »
岸仔 | 16th Apr 2007 | 岸然口述歷史 | (2917 Reads)

         有幾多人去警署報案,會帶埋一份 legal opinion? 我也不算,但我的口述也就是 legal opinion 啦,我有三個法律學位架,更特別者,我在 1980 年曾經在 ICAC 當了一年調查員,面對幫我落案的年青探員,吾 ... 當年你仲係個小 baby已,不單做得你師兄,直情係師祖 ..... 兩位年青亞 Sir 態度真係超 Friendly... 好少人去報案好似我咁有 face 同 enjoyable 了。

牙擦完,下面列出有關法例。 

........................................ 

香港有關不誠實使用電腦的相關法例──

Computer Crimes Legislation in Hong Kong

The Law: Computer Crimes Ordinance 1993 (No.23 of 1993) amend and modified a number of other existing Ordinances in Hong Kong, the main reforms to make misuse of computer a crime, the main reform are :

1. adding a new S.27A into the Telecommunication Ordinance, in that any person who, by telecommunication, knowingly causes a computer to perform any function to obtain unauthorized access to any program or data held in a computer commits an offence.

2. Amend S.59(1) of the Crimes Ordinance thereby `property' is redefined to include program or data held in a computer, and `to destroy or damage any property' in relation to a computer includes the misuse of a computer.`Misuse of computer' is further defined to mean :
   a). to cause a computer to function
  * b). to alter or erase any program or data held in a computer
  * c). to add any program or data to the contents of a computer,

3. and amend S.85 by adding that `books' includes any disc, card, tape, microchip, sound track or other device on or in which information is recorded or stored by mechanical, electronic, optical or other means, and

4. add a new S.161 in that any person who obtain access to a computer with criminal or dishonest intent commits an offence and is liable on conviction upon indictment to imprisonment for 5 years.

5. S.11 of the Theft Ordinance is amended by adding a (3A) in that to do unlawful damage to anything in a building includes 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, or unlawfully alternating or erasing any program, or data, held in a computer in the building, or unlawfully adding any program or data to the contents of a computer in the building, and

6. in S.19(2) is amended so that `record' includes a record kept by means of a computer

相信疑犯的行為,應直接觸犯上述:

S. 27(A) any person who, by telecommunication, knowingly causes a computer to perform any function to obtain unauthorized access to any program or data held in a computer commits an offence.
S. 59(1) (b). to alter or erase any program or data held in a computer, OR
S.11(3A) 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, or unlawfully alternating or erasing any program, or data, held in a computer in the building, or unlawfully adding any program or data to the contents of a computer in the building.