II. Responding to the stalker
As stalking is not currently a criminal offence in Hong Kong, consideration must be given to protection under existing Hong Kong laws. Criminal offences under the Offences Against the Person Ordinance ( Cap. 212 ), the Crimes Ordinance ( Cap. 200 ), the Theft Ordinance ( Cap. 210 ), the Summary Offences Ordinance ( Cap. 228 ) and the Public Order Ordinance ( Cap. 245 ) may be committed, depending upon the particular facts and the intention of the stalker.
Whether or not to prosecute in a particular case is a matter for the police to decide. Guidelines for the commencement of prosecution are set out in the Prosecution Code , issued on 7th September 2013. The main determining factor for a prosecution is whether the evidence in the particular case shows a reasonable prospect of success. In a criminal prosecution, guilt must be proved beyond reasonable doubt.