A SENIOR immigration assistant who checked names on the immigration stop list for a friend has become the first person to be convicted under new computer crime legislation.
Hung Hak-sing, 31, had denied obtaining access to the computer with a view to dishonest gain, but was found guilty yesterday after a lengthy trial. He was acquitted of accepting money for making a check.
The District Court heard the Independent Commission Against Corruption (ICAC) had mounted an undercover operation purporting to manufacture forged identity cards and passports in order to obtain evidence of people divulging confidential immigration facts.
Delivering his verdict, Deputy Judge Eccleton said he was certain it was still a common practice among immigration officials to make unauthorised checks on the watch list.
One year after the ordinance came into effect, the Customs official in charge of computer security testified he had not notified staff of the change in the law.
Although the judge found Hung did not make an unauthorised check of 10 names for monetary gain, there had been a dishonest gain in that the otherwise unobtainable information has been gained by the unauthorised person.