Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Section 161(1)(c) crimes ordinance

Legal area

Court

6 Aug 2018

SECRETARY FOR JUSTICE v. CHENG KA YEE AND OTHERS

Citation

[2018] HKCFI 1809
Court

Court of First Instance
Case number

HCMA466/2017

The appeal is dismissed because the actus reus of s161(1)(c) could not be proved: photographing and transmitting questions on respondents' own smartphones and D3's authorized use of a school desktop did not amount to unauthorized extraction or access to a computer as required by Li Man Wai; moreover the magistrate's credibility and dishonesty findings were not perverse and did not merit appellate interference.
12 Oct 2004

HKSAR v. ALISTAIR CHARLES CURRIE

Citation

HKSAR v. ALISTAIR CHARLES CURRIE
Court

Court of First Instance
Case number

HCMA795/2004

Section 161(1)(c) does not require proof of the defendant's motive or purpose for obtaining information; 'gain' includes obtaining information, and on the evidence before the magistrate the circumstances supported a finding of dishonesty under the Ghosh test, so the conviction was safe and the appeal was dismissed.