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■商罪科探員展示檢獲的12台疑涉案電腦。 資料圖片
上月10日港交所的「披露易」網站因受「黑客」惡意攻擊而癱瘓，警方懷疑有人利用「殭屍網絡程式」，遙控多個國家和地區的電腦，蓄意干擾「披露易」網站的運作。根據國外同類案件的經驗，由於黑客的攻擊來自四方八面，又採取了多種攻擊伎倆，警方破案難度甚大，但本港警方在案發不到10天的時間拘捕嫌犯，為追查幕後黑手創造有利條件，彰顯了本港警方的高效。
根據本港《刑事罪行條例》第161條，黑客入侵將會以「不誠實地意圖導致他人蒙受損失而取用電腦」來定罪，最高刑罰只是監禁5年。此次有關的涉案者只能用相同的法例來對待，由於懲罰過輕，對網絡金融犯罪難以產生足夠阻嚇力。當局有必要修訂現有法例，增強刑罰，加大打擊網絡金融犯罪力度。
本港作為國際金融中心，今後還要發展成為人民幣離岸中心，推動港交所和上交所、深交所的合併，但經過此次黑客事件，本港的金融安全備受質疑，加上現時金融業愈來愈倚靠電子交易，有關方面應吸取此次教訓，提高警覺，認真堵塞本港網絡保安的漏洞，警方更要加強資源和培訓，提升調查及打擊網絡金融犯罪的能力。
Employ manifold tactics to combat internet financial crimes
The HKExnews website of the Hong Kong Exchange and Clearing Limited(HKEx) was paralyzed on 10 August due to malicious hacking. The police suspected that the operation of the website was willfully interrupted by someone who remotely controlled zombie computers through botnets in various countries and regions. According to experiences in other parts of the world, when similar offences took place, it would be very difficult for the police to crack the case as the attack came from all directions and the hacker employed a multitude of tactics. However, this time in Hong Kong, the police successfully arrested a suspect within 10 days of the offence. This paved the way for tracking down culprits behind the scenes of these crimes and exemplified the high efficiency of the Hong Kong police force.
Under Section 161 of the Crimes Ordinance in Hong Kong, a computer hacker found guilty will be convicted of “obtaining access to a computer with a dishonest intent to cause loss to another”; the highest sentence is just an imprisonment of five years. The offender in this particular case can only be indicted under the same section of the ordinance. The lenient punishment probably cannot sufficiently deter these financial crimes on the internet. The government needs to increase the punishment by amending the existing law in order to step up the effort to fight against internet financial crimes.
As an international financial centre, Hong Kong is to become an offshore Renminbi centre as well as a key driving force in the mergers of the HKEx with both the Shanghai Stock Exchange and the Shenzhen Stock Exchange. Unfortunately, the financial security of Hong Kong is now being questioned because of this hacking incidence. With the financial sector today relying more and more heavily on electronic trading, the authorities should learn from the experience and be more vigilant. Loopholes in the internet security in Hong Kong should be found and plugged carefully. Furthermore, the police should be given more resources and training to enhance capabilities in investigating and combating internet financial crimes. ■Translation by 東明 tungming23@gmail.com
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