Criminal Law — Surgeon Acquitted of 30 Counts of Access to Computer with Dishonest Intent
On 27 May 2026, Magistrate Kenneth Chan acquitted a surgeon charged with 30 counts of Obtaining Access to Computer with Dishonest Intent contrary to section 161(1)(c) of the Crimes Ordinance, Cap. 200. The defendant was represented by Randy Shek in HKSAR v. C.K.H. (FLCC 1021/2025).
The Defendant was employed as a surgeon by the Hospital Authority (HA). It was alleged that he had accessed the HA’s Case Management System to view the medical records of fellow HA employees on 30 different occasions between 2020 and 2022. The Prosecution’s case was that he had accessed HA’s computer system in excess of authority, and in breach of patient privacy and HA’s rules.
The evidence involved close examination of computer log records and workflow of HA’s CMS computer system to ascertain what information was accessed. The contentious issue was the scope of the offence and whether the Defendant’s unauthorised access to the CMS was capable of amounting to the offence. After considering detailed submissions on law from the parties, Magistrate Kenneth Chan agreed with the Defence’s submissions and acquitted the Defendant of all 30 counts.
Randy Shek was instructed by Messrs. SL Lawyers.
Randy Shek
“Randy is a highly experienced counsel in the criminal law practice. He offers pragmatic and robust advice to clients and achieves favourable outcomes for them.”
— Legal 500 Asia-Pacific 2023-2026: Regulatory, Investigations and Crime: Leading Juniors
Randy’s main areas of practice include criminal law, human rights and civil liberties, and public law. He also accepts instructions for civil cases involving injunctions, family law, and land law.
While he regularly receives instructions to prosecute on behalf of the Department of Justice, Randy is mainly a criminal defence counsel. Randy has a long and established track record for defending cases arising from high profile public order events and cases involving human rights and civil liberties dimensions. He is also particularly experienced in handling cases involving young offenders.
Moreover, he is also experienced in handling conventional crime, white collar crime, SFC investigations, and serious crime, including sexual offences and murder. He has conducted trials and appeals in all court levels, both as led junior and on his own right.
Find out more from Randy’s profile.
This article was first published on 29 May 2026.
Disclaimer: This article does not constitute legal advice and seeks to set out the general principles of the law. Detailed advice should therefore be sought from a legal professional relating to the individual merits and facts of a particular case. The photographs which appear in this article are included for decorative purposes only and should not be taken as a depiction of any matter to which the case is related. The views and opinions expressed in this article/material are solely those of the members authoring it and do not necessarily reflect the official policy or position of Denis Chang’s Chambers, or of any other member or members of Denis Chang’s Chambers.