HK launches public consultation to target loopholes in sexual offence law

As the city moves to improve its legal framework regarding sexual offences, Secretary for Security Chris Tang Ping-keung reaffirmed that Hong Kong courts will maintain jurisdiction even if an illegal sexual act takes place overseas.

Tang’s remarks came as the government officially launched a month-long public consultation on Tuesday to overhaul Hong Kong's sexual offence laws, with a primary focus on protecting the public from sexual abuse.

Speaking at the Legislative Council this afternoon, Tang explained that the amendment was necessary due to the inadequacies and outdated terminology in the current legal framework, which is largely based on similar provisions in English laws enacted in the 1950s. 

Five core areas and extraterritorial jurisdiction

Following a comprehensive review by the Law Reform Commission (LRC), he stated the proposal will cover five main areas, including non-consensual sexual offences, sexual offences involving children and persons with mental impairment (PMIs), miscellaneous sexual offences and strengthened protection for victims of sexual offences. 

In response to lawmakers’ concerns over whether the amendment could effectively tackle scams that trick victims into exchanging sex for "luck," Tang confirmed that the proposed law would directly target such offences, even if the acts occur overseas.

He added that the new framework would explicitly list 11 circumstances where consent is deemed invalid, including cases where a victim is misled about the nature of the sexual act. 

This provision specifically addresses a key evidentiary challenge commonly found in fraud-based offences.

“As long as the act of deception or the sexual act occurred within the city, the new legislation would provide us with the jurisdiction,” he said. 

Enhanced protections for vulnerable groups

Addressing protection for vulnerable groups, Tang added the amendments also standardized the age of consent at 16, introducing new child-specific offences to allow authorities to act early to protect children from abuse. 

While acts targeting persons with mental impairments are already criminalized, he revealed that authorities have proposed 18 dedicated offences. 

These include tougher penalties for perpetrators who abuse their positions of care, trust, or authority.

Tackling campus misconduct and broadening incest definitions

Regarding misconducts at university orientation camps, Tang said the proposed legislation would introduce a new offence of "touch-based sexual assault," encompassing acts of a sexual nature.

For instance, the intentional splashing of liquids on a person to cause embarrassment or the revelation of their figure would constitute the offence. 

As the amendment also broadens the definition of incest, he explained that the new laws would now cover relationships where marriage is legally prohibited, including uncles, adoptive parents, and stepparents. If the act occurs without consent, it would also constitute rape, he added. 

As for sexual images created using deepfake technology without consent, Tang clarified that possession of obscene material could already constitute an offence, but might not be classified as a sexual assault if the images were not distributed. 

Regarding the age gap between incest protections and child abuse laws, he stressed that children between 16 and 18 are not left unprotected, adding that consent would be invalidated regardless of age if abuse of trust or authority is involved. 

Public consultation and legislative timeline

The related consultation paper has been uploaded to the Security Bureau’s website, where members of the public are invited to submit their views by mail, fax or email on or before August 5.

It is understood that the government aims to submit the amendment bill to the LegCo by the end of this year, with legislation to be completed within the current administration's term.

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