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Investigations must play by the rules

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The American television drama CSI (Crime Scene Investigation) has been one of the most popular programmes worldwide since first broadcast in 2000.

In some episodes the programme will deal with data on a computer which the team will extract for legal purposes. This is called forensic computing and it is a growing industry in America and other parts of the world.

Richard Kershaw is one of a handful of experts in Hong Kong with considerable experience in this area. He is vice-president and head of forensic technology at Hill & Associates, a company specialising in nearly all aspects of security.

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Mr Kershaw likes to compare what he does with somebody discovering a piece of paper with a signature on it. If you write a confession on that paper just above the signature, will it be believed? Will it stand up in court?

'Private sector consultants such as myself are normally asked to assist a corporation conducting an internal investigation. This may eventually result in termination or a criminal complaint, so all computer forensic investigations must abide by the strict criminal procedure rules,' he said.

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Kroll has been in this business for many years and recently set up a forensics laboratory in Hong Kong. Scott Warren, Kroll's managing director responsible for computer forensic, e-discovery and intellectual property protection practice groups in Asia, said this kind of activity went hand-in-hand with the digital world. 'As more companies go digital, our services become more important.'

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