Case Explained: Editorial | Hong Kong’s sexual offence laws long overdue for reform – Legal Perspective

This is a welcome and long overdue landmark. The subcommittee was established 20 years ago and issued reports in 2019 and 2022.

The consultation will tackle fundamental issues such as the definition of consent to sexual activity and the scope of the crime of rape. Reform is needed to bring the legislation into line with changes in society, including the rapid development of technology. A prime objective is to better protect victims from sexual predators.

One issue not included in the recommendations concerns the lack of an offence relating to persistent sexual abuse, especially of children. Under the current law, the prosecution must prove each sexual assault as a distinct and separate incident. This poses problems when crimes have repeatedly been committed over a long period. The victim is required to specify the times and circumstances of each assault. Details of that kind are not easy to recall in such cases.

The government sought to overcome the barrier 25 years ago, proposing a new offence covering repeated sexual abuse. This would have allowed prosecutors to prove assaults occurred many times during a set period without needing to detail each and every episode. A similar law has long existed in Australia, but the proposal was shelved after opposition from the legal profession, which raised concerns the move would weigh the balance too heavily in favour of the prosecution in such cases.

There is, as with all the proposed reforms, a need to ensure that a defendant’s right to a fair trial is respected and preserved. This must be considered alongside moves to better protect victims.