Lawmakers and a government adviser have called for anti-stalking legislation to close a loophole that makes prosecuting repeated harassment difficult in Hong Kong, following the acquittal of a man who followed a teenage girl to her secondary school classroom.
Some experts said the government should revisit a proposal for such legislation raised 26 years ago, after the magistrate who acquitted the defendant of a loitering charge also noted the absence of laws to criminalise stalking under certain circumstances.
Unlike many jurisdictions with dedicated legislation to protect victims, Hong Kong can only prosecute suspects under a patchwork of different laws, with even the statutes on doxxing viewed as insufficient to punish cyberstalking.
The 57-year-old government statistician was found not guilty on August 25 of following the 16-year-old girl to her school and loitering outside the classroom in July last year.
The man also allegedly followed her during her commute to school for two to three years. He told police the girl resembled an old friend and he wanted to know her.
Eastern Court Magistrate Kestrel Lam Tsz-hong said that loitering causing concern was inappropriate for addressing the defendant’s actions, which could not be handled under existing criminal laws.