Hong Kong Government Launches One-Month Public Consultation to Revise Sexual Offence Laws

Public consultation launched by Government on improving laws on sexual offences in Hong Kong

The Government announced today (July 7) the launch of a one-month public consultation on proposals to improve the laws on sexual offences in Hong Kong.

A Government spokesman said, "The Government attaches great importance to the well-being of the general public, in particular children and persons with mental impairment (PMIs), and is committed to protecting them from sexual exploitation and abuse. This is the Government's original intent in enacting the laws on sexual offences."

The spokesman further said, "At present, many of the sexual offences in Hong Kong are based on similar provisions in the laws of England enacted in 1956. Social perceptions related to sexual offences have been evolving over the years. Meanwhile, there are inadequacies in the existing sexual offence provisions. For instance, some provisions lack clarity and certainty with outdated terminologies; some offences lack consistency on treatments across genders, or carry distinctions based on sexual orientation; the provisions and penalties of some sexual offences are not fully commensurate with the gravity of the relevant acts, etc. The Government considers it necessary to review and improve the laws on sexual offences in Hong Kong to address the inadequacies of the current provisions and respond to changes in social perceptions related to sexual offences."

The Law Reform Commission (LRC) had conducted a comprehensive review on sexual offences and related matters, and published a total of four consultation papers on specific areas. The LRC published two reports subsequently, making a total of 72 final recommendations. On the basis of the LRC's recommendations and with reference to the development of relevant laws in other major common law jurisdictions, the Government has formulated a range of legislative amendment proposals, mainly covering the following areas:

1. non-consensual sexual offences;

2. sexual offences involving children;

3. sexual offences involving PMIs;

4. miscellaneous sexual offences; and

5. other related amendments to strengthen protection for victims of sexual offences.

"We hope to improve the laws on sexual offences in Hong Kong, the earlier the better, to strengthen protection for victims of sexual offences while ensuring that the laws on sexual offences can keep pace with the times," the Government spokesman added.

The consultation paper has been uploaded onto the website of the Security Bureau (www.sb.gov.hk/eng/pub/consultation/loso.html). Members of the public are invited to submit their views by mail (Security Bureau A Division, 8th Floor, East Wing, Central Government Offices, 2 Tim Mei Avenue, Tamar, Hong Kong), by fax (2524 3762) or by email (sexualoffences@sb.gov.hk) on or before August 5.

Central Government Offices, Photo source; reference image

Hong Kong Customs detects case of non-registered precious metals and stones dealer carrying out specified transactions

Hong Kong Customs yesterday (July 6) detected a case involving a local company that conducted transactions of jewellery and watch containing precious metals and stones valued at over HK$120,000, without registration under the Dealers in Precious Metals and Stones Regulatory Regime. The company director was arrested.

The investigation is ongoing. The arrested person has been released on bail.

According to the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615), unless exempted, any person who is seeking to carry on a business of dealing in precious metals and stones and engage in any transaction(s) (whether making or receiving a payment) with a total value at or above HK$120,000 in Hong Kong is required to register with Hong Kong Customs. Any dealer, other than a registrant, who claims to be a registrant, claims to be authorised to carry out, or carries out any cash or non-cash transaction(s) with a total value at or above HK$120,000 is liable to a maximum fine of HK$100,000 and imprisonment for six months upon conviction.

Customs reminds dealers in precious metals and stones that they must obtain the relevant registration before they can carry out any cash or non-cash transaction(s) with a total value at or above HK$120,000.

For the forms, procedures and guidelines to submit applications for registration, please visit the website for Dealers in Precious Metals and Stones Registration System (www.drs.customs.gov.hk) or Customs' webpage (www.customs.gov.hk/en/service-enforcement-information/anti-money-laundering/supervision-of-dealers-in-precious-metals-and-ston/index.html).

Members of the public may report any suspected transactions involving precious metals and stones with a total value at or above HK$120,000 conducted without the required registration to Customs' 24-hour hotline 182 8080 or its dedicated crime-reporting email account (crimereport@customs.gov.hk) or online form (eform.cefs.gov.hk/form/ced002).

Hong Kong Customs, Photo source: reference image