Hong KongTelecommunications Ordinance, unauthorized access to a computer by telecommunications
Telecommunications Ordinance (Cap. 106), s. 27A
In force.
A computer misuse rule binding private bodies.
- Obligation class
- Access restriction, Prohibition
As of .
What it requires
- Do not knowingly cause a computer to perform a function by telecommunications to obtain access to a program or data that you are not entitled to control access to, unless you have been authorized by a person who is so entitled or believe you have been or would have been (section 27A).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Criminal exposure note
Conviction carries a fine at level 4 (section 27A(1)). A fine at level 4 is $25,000.
Penalty structure
Level 4 fine on conviction under section 27A(1).
- Rule
- Fixed only
- As of
- Currency
- HKD
- Fixed cap
- 25,000
What this law does
Section 27A(1) makes it an offence for a 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. Access of any kind is unauthorized if the person is not entitled to control access of that kind to the program or data and has not been authorized by a person who is so entitled, does not believe they have been so authorized and does not believe they would have been authorized if they had applied.
The person's intent need not be directed at any particular program, data or computer. The offence is punishable on conviction by a fine at level 4. Section 27A has effect without prejudice to any law on powers of inspection, search or seizure, and the Telecommunications Ordinance does not bind the State unless it expressly provides otherwise (section 3).
When LexLint raises it
When your app profile says your app crawls the web or trains models.