Motion on “Comprehensively reviewing the provision on ‘access to computer with criminal or dishonest intent’ under the Crimes Ordinance”
to be moved by Hon Charles Peter MOK
at the Council meeting of 4 February 2015
Wording of the Motion
That, when the Administration amended the Crimes Ordinance (Cap. 200) in 1993, the provision on ‘access to computer with criminal or dishonest intent’ (i.e. ‘section 161’) was added, with an aim to penalize access to a computer for acts preparatory to but falling short of the commission of a fraud; in recent years, to make prosecution easier, the Police have repeatedly abused section 161 to institute prosecutions against persons using computers or mobile devices to engage in acts which are not in violation of other legal provisions and against persons alleged to have contravened other legal provisions; such a practice has seriously distorted the legislative intent of section 161, and has turned this provision into a draconian law; in this connection, this Council urges the Administration to review and amend section 161 to make it applicable only to computer frauds, so as to protect people from unreasonable arrests and prosecutions.