[et_pb_section fb_built=”1″ _builder_version=”3.22″][et_pb_row _builder_version=”3.25″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][et_pb_text admin_label=”Sexual abuse of children” module_class=”posttitle” _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”]<\/p>\n
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The\u00a0Crimes Ordinance<\/a>\u00a0,\u00a0Cap. 200<\/a>\u00a0, and the\u00a0Prevention of Child Pornography Ordinance<\/a>\u00a0(\u201cPCPO\u201d),\u00a0Cap. 579<\/a>\u00a0, contain a number of offences designed to protect children against sexual abuse. These offences are apposite to Convention Articles 34, 35 and 36 relate to protecting children against sexual exploitation and abuse, involvement in unlawful sexual activity, prostitution, exploitation in pornographic performances and materials and abduction and trafficking.<\/p>\n Relevant offences in the Crimes Ordinance can be found in\u00a0Appendix II<\/a>\u00a0.<\/p>\n The\u00a0Crimes Ordinance<\/a>\u00a0(CO) contains offences designed to protect persons under 16 years of age from themselves. Under\u00a0section 122<\/a>\u00a0(indecent assault) for example, a person under 16 years of age cannot consent to an act that would otherwise be unlawful under the section. Indecent assault is the application of force in circumstances of indecency. Sexual activity, short of intercourse with a person under 16 years of age is an offence even if the person under 16 consented to such activity. Ignorance of the age of the person indecently assaulted is no defence.<\/p>\n Under\u00a0section 123<\/a>\u00a0of the\u00a0CO<\/a>\u00a0, in the case of sexual intercourse with a girl under 13 years of age, and under\u00a0section 124<\/a>\u00a0of the\u00a0CO<\/a>\u00a0, sexual intercourse with a girl under 16 years of age, consent is similarly no defence. Both sections are intended to protect girls under 16 years of age from themselves and avoid pregnancy at too young an age. A person\u2019s lack of knowledge of the age of the girl concerned is similarly no defence.\u00a0Section 123<\/a>\u00a0offences are punishable with imprisonment for life.\u00a0Section 124<\/a>\u00a0offences are punishable with imprisonment for five years. Particularly with\u00a0section 123<\/a>\u00a0and\u00a0124<\/a>\u00a0offences defendants\u2019 rights must be balanced against the interests of protecting the child and the interests of society. Suggestions that somehow the child encouraged or instigated the sexual activity should have no weight either as a defence or in mitigation, particularly where the defendant was aware of the age of the girl, had groomed the girl for sexual activity, was in a position of responsibility or the circumstances were such that the defendant should have enquired about the age of the girl concerned.<\/p>\n Under\u00a0section 126<\/a>\u00a0of the\u00a0CO<\/a>\u00a0it is an offence to take an unmarried girl under the age of 16 out of the possession of her parent or guardian without lawful authority or excuse. This offence is punishable by imprisonment for 10 years. This offence recognises the importance of persons, particularly females under the age of 16, being with their parent or guardian.\u00a0Section 126<\/a>\u00a0of the\u00a0CO<\/a>\u00a0is directed towards preserving the family unit. It also recognises and projects parental rights and the importance of the family as the basic unit of society upon which so much emphasis is placed by the Convention.<\/p>\n Section 127<\/a>\u00a0of the\u00a0CO<\/a>\u00a0makes it an offence to take an unmarried girl under the age of 18 out of the possession of her parent or guardian against the will of the parent or guardian with the intention that she shall have unlawful sexual intercourse with men or a particular man. Unlawful sexual intercourse in this context means sexual intercourse outside of marriage. Again this section is designed both to protect the girl and preserve the family unit. The section covers the situation where the girl is a willing participant in the proposed sexual intercourse. There is no need that sexual intercourse should actually occur: it is the intention with which the girl is taken out of the possession of her parent or guardian that matters. The offence is punishable by imprisonment for seven years.<\/p>\n In accordance with objectives of the Convention, Hong Kong has amended the\u00a0Crimes Ordinance<\/a>\u00a0,\u00a0Cap.200<\/a>\u00a0, to add an extra-territorial reach in relation to sexual tourism by adding a new section to the Ordinance,\u00a0section 153P<\/a>\u00a0. Under\u00a0section 153P<\/a>\u00a0, a person who commits any act outside of Hong Kong against a child that would have amounted to an offence specified in\u00a0Schedule 2<\/a>\u00a0of the\u00a0Crimes Ordinance<\/a>\u00a0had it been committed in Hong Kong, commits an offence if he\/she is either: (a) a permanent resident of the HKSAR or ordinarily resides in the HKSAR; or (b) the victim is a permanent resident or ordinarily resides in Hong Kong.\u00a0Schedule 2<\/a>\u00a0offences range from sexual intercourse with girls under 13 and under 16, causing or encouraging prostitution of, intercourse with, or indecent assault on a girl or boy under the age of 16, to administering drugs to obtain or facilitate an unlawful sexual act.<\/p>\n The purpose, extent and reach of the section, and its compatibility with the Basic Law of the HKSAR and the Hong Kong Bill of Rights, is demonstrated by a decision of the Court of Appeal in\u00a0HKSAR v Lee Kwok Wah Francis<\/a>\u00a0. The defendant was convicted of\u00a0 three offences of sexual intercourse\u00a0 with a girl under 16 years of age contrary to\u00a0sections 124(1)<\/a>\u00a0and\u00a0153P(1)<\/a>\u00a0of the\u00a0Crimes Ordinance<\/a>\u00a0,\u00a0Cap. 200<\/a>\u00a0. He was also convicted of indecent conduct towards a child under the age of 16 years, contrary to\u00a0sections 146(1)<\/a>\u00a0and\u00a0153P(1)<\/a>\u00a0of the Ordinance and of indecent assault upon another girl\u00a0 contrary to\u00a0sections 122(1)<\/a>\u00a0and\u00a0153P(1)<\/a>\u00a0of the\u00a0Crimes Ordinance<\/a>\u00a0. The offences occurred at a children\u2019s home in Mainland China where the two victims resided.<\/p>\n On appeal he argued that the extra-territorial effect of\u00a0section 153P<\/a>\u00a0discriminated against him as a Hong Kong permanent resident by violating the principle of equality before the law under\u00a0Article 25<\/a>\u00a0of the\u00a0Hong Kong Basic Law<\/a>\u00a0and his entitlement to rights without distinction and protection against discrimination under\u00a0Articles 1(1) and 22 of the Hong Kong Bill Of Rights<\/a>\u00a0.<\/p>\n In dismissing the appeals the Court of Appeal ruled that the United Nations Convention on the Rights of the Child was intended to protect children against sexual exploitation. Hong Kong was required to enact legislation to protect children against sexual exploitation. This included legislating against sexual tourism. By criminalising sexual abuse of children which occurred outside Hong Kong,\u00a0section 153P<\/a>\u00a0was legitimately striking at paedophiles who committed such acts outside Hong Kong and then returned to the SAR. The section was legitimate and proportionate.<\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":" [et_pb_section fb_built=”1″ _builder_version=”3.22″][et_pb_row _builder_version=”3.25″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][et_pb_text admin_label=”Sexual abuse of children” module_class=”posttitle” _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”] III. Sexual abuse of children [\/et_pb_text][et_pb_text _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ sticky_enabled=”0″] The\u00a0Crimes Ordinance\u00a0,\u00a0Cap. 200\u00a0, and the\u00a0Prevention of Child Pornography Ordinance\u00a0(\u201cPCPO\u201d),\u00a0Cap. 579\u00a0, contain a number of offences designed to protect children against sexual abuse. These […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":" Adoption is a legal process by which parental rights and responsibilities over a child are transferred from the birth parents to the adoptive parents. An adoption in Hong Kong must be effected in accordance with the Adoption Ordinance , Cap. 290<\/a> , Laws of Hong Kong. The guiding principle in the adoption process is the \u201cbest interests of the child\u201d ( section 8<\/a> of the Adoption Ordinance<\/a> ).<\/p> Local adoption service in Hong Kong is provided by the Adoption Unit of the Social Welfare Department and three non-governmental organizations, as Accredited Bodies:<\/p> The statutory requirements concerning the accreditation system in respect of local adoption in the HKSAR are set out in sections 26<\/a> , 26A<\/a> and 26B<\/a> of the Adoption Ordinance<\/a> .<\/p>","_et_gb_content_width":"","footnotes":""},"categories":[25,31,29],"tags":[],"class_list":["post-1","post","type-post","status-publish","format-standard","hentry","category-child-and-youth-affairs","category-childrens-protection-and-welfare","category-topics"],"yoast_head":"\nA. Unlawful sexual activities performed on children<\/h2>\n
Consent<\/h3>\n
B. Abduction of an unmarried girl<\/h2>\n
C. Sex tourism and extra-territorial sexual crimes related to children<\/h2>\n