Hong Kong’s top court rules against use of ‘one-size-fits-all’ charge for smartphone crimes
- Charge of ‘obtaining access to computer for criminal or dishonest gain’ should not apply to person’s own devices, court says
- Landmark decision could force government to amend existing laws used to punish those who take upskirt photos and videos
Hong Kong’s top court has struck down the use of a “one-size-fits-all” charge often used in the prosecution of smartphone-related crimes, including the taking of upskirt photos and videos, opening legal loopholes that will make law enforcement difficult.
The landmark decision on Thursday meant the Department of Justice would have to re-evaluate 13 cases currently on hold, while facing possible appeals from those already convicted.
Legal experts already raised concerns that other available charges would not be sufficient to plug the loopholes and new legislation would be needed.
In Thursday’s ruling, the Court of Final Appeal unanimously dismissed the justice secretary’s appeal, upholding a lower court’s decision and finding that the charge of “obtaining access to a computer for criminal or dishonest gain” should not apply to a person’s own phone or computer.
The ruling arose from the prosecution of four primary schoolteachers, Cheng Ka-yee, Tsang Wing-shan, Wong Pui-man and U Leng Kok in 2016.
They were charged with the offence after they were accused of leaking entrance exam questions using their smartphones.