What is Computer?

First, the concept of "computer" should be interpreted. Generally, the term "computer" usually refers to a stand-alone machine complete with a monitor, a keyboard and a central processing unit. However, with technology constantly evolving, the term also covers other items such as networked computer systems and other computer technologies such as Internet, mobile telecommunications and smart cards.

At present, under Hong Kong laws, the term "computer" is defined as "any device for storing, processing or retrieving information" in S. 22A of the Evidence Ordinance (Cap. 8), S. 26A of the Inland Revenue Ordinance (Cap. 112) and S. 19 of the Business Registration Ordinance (Cap. 310).

However, the Electronic Transactions Ordinance (Cap. 553) does not attempt to define the terms "computer" or "computer system". Rather, it uses the concept of "information system".

Realising the limitation of the term "computer", the Inter-departmental Working Group on Computer Related Crimes proposed the term "information system" as defined in the Electronic Transactions Ordinance (Cap. 553) should be used in place of the term "computer". This amendment should also apply across the board to all references to the term "computer" in legislation.

Examples in other jurisdictions

What is Computer Related Crime?

Computer crime or computer related crime or technology crime, are descriptions commonly used interchangeably to refer to any illegal act committed by application of computer technologies or usage of such technologies as a means in the commission of the offence.

Computer crime can be categorised as follows:

• crime that is directly targeted at the computer or computer system e.g. hacking into a server or defacing a web page
  
• crime that uses the Internet e.g. Internet gambling or pornography
  
• crime that involves the retrieval of digital data of evidential value e.g. fraud-data storage or payment records