HKSAR v. TSUN SHUI LUN

HKSAR v. TSUN SHUI LUN

Section 161(1)(c) covers obtaining confidential information as a form of 'gain' even if non‑monetary; the appellant accessed the hospital RIS on 3 April with the specific purpose of obtaining and leaking the CT report, which satisfied the 'view to dishonest gain' requirement, and applying the Ghosh test his conduct...

Source-derived case information.

Citation
HKSAR v. TSUN SHUI LUN
Parties
Respondent: HKSAR; Appellant: Tsun Shui Lun
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 January 1999
Case Number
HCMA723/1998
Procedural Posture
Criminal Appeal / Appeal From Magistrate's Court to Court of First Instance (judgment on Appeal)
Outcome
Appeal against conviction dismissed; appeal against sentence allowed in part
Legal Topics
Unauthorized Access to Computer, Dishonesty, Sentencing, Confidentiality of Medical Records, Statutory Construction of S.161
Source Language
en
Criminal Law Computer Crime Privacy Law Health Law Unauthorized Access to Computer Dishonesty Sentencing Confidentiality of Medical Records +1 more

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Summary, issues, holding and outcome

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Parties

HKSAR

Respondent

Tsun Shui Lun

Appellant

Procedural Posture

Criminal Appeal / Appeal From Magistrate's Court to Court of First Instance (judgment on Appeal)

Legal Issues

  1. 1 Whether access to a computer under s.161(1)(c) must be for monetary/proprietary gain or can include obtaining information as a non-monetary benefit
  2. 2 Whether the appellant's conduct satisfied the Ghosh two-stage test for dishonesty

Ratio Decidendi

Section 161(1)(c) covers obtaining confidential information as a form of 'gain' even if non‑monetary; the appellant accessed the hospital RIS on 3 April with the specific purpose of obtaining and leaking the CT report, which satisfied the 'view to dishonest gain' requirement, and applying the Ghosh test his conduct was dishonest and he must have realised it; conviction upheld.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed in part

Orders

  • Conviction affirmed
  • Original sentence of 6 months imprisonment set aside