Sexual Offences

LEGAL DEVELOPMENTS

Most sexual offences in Hong Kong are found in the Crimes Ordinance (Cap. 200). Several historic labels remain familiar, but statutory amendments and constitutional decisions make it essential to identify the precise section, the age and sex of the parties, the conduct alleged and the issue of consent.

In September 2012, the Law Reform Commission published a consultation paper proposing substantial reform of non-consensual sexual offences. It noted that some existing offences were gender-specific while others distinguished between parties by sexual orientation. The proposals included a statutory definition of consent; a gender-neutral offence of rape covering penile penetration of the vagina, anus or mouth; a reformed mental element concerning consent; and treating intentional “under-the-skirt” photography as sexual assault. Under the present statutory wording, rape remains gender-specific, although other serious offences may apply to non-consensual same-sex penetration.

The Law Reform Commission subsequently published its final Report on Review of Substantive Sexual Offences in December 2019. The broader recommended reform has not yet been enacted. The Government has stated that it is studying the 2019 report together with the Commission's 2022 sentencing report and planned stakeholder consultation on proposed legislative amendments. Separate reforms have nevertheless taken effect: the common-law presumption that a boy under 14 was incapable of sexual intercourse was abolished in 2012; the Police Sexual Conviction Record Check Scheme has operated since 2011 and is not a public register of sex offenders; and the Crimes (Amendment) Ordinance 2021 introduced specific offences addressing voyeurism, unlawful recording or observation of intimate parts and the publication of intimate images.