OVERVIEW
Section 27A of the Telecommunications Ordinance (Cap. 106) applies where a person, by telecommunications, knowingly causes a computer to perform a function to obtain unauthorised access to a program or data held in a computer. Unlike section 161 of the Crimes Ordinance, section 27A does not require one of section 161's additional criminal or dishonest purposes.
The critical difference between section 27A and section 161 of the Crimes Ordinance is the absence of a required secondary criminal or dishonest purpose. Section 161 requires access accompanied by one of four specified purposes: an intent to commit an offence, a dishonest intent to deceive, a view to dishonest gain, or a dishonest intent to cause loss. Section 27A does not require any of those further purposes. It criminalizes the knowing act of obtaining unauthorised access by telecommunications itself and may therefore apply to a curiosity-driven hacker, digital trespasser or security researcher who knowingly crosses an access boundary without authorisation.
STATUTORY PROVISIONS
section 27A of the Telecommunications Ordinance (Cap. 106)
The relevant part of the current statutory provision states:
Section 27A — Unauthorised access to computer by telecommunications
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.
HOW MCS CAN ASSIST
Advice and representation
MCS can assess the charge, the statutory elements and the prosecution evidence; advise on interview, plea, trial and sentence; and identify any defence or evidential issue available on the facts.