Hong Kong has seen a number of amendments to its criminal law in recent years aimed at strengthening the response to sexual crimes.
Notable examples are the new offences in the Crimes Ordinance regarding voyeurism, upskirting and the publication of intimate images without consent.
There has also been discussion, including in this column, regarding how the law can adapt to the new phenomenon of pornography generated by artificial intelligence and deepfakes.
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It is essential that the law, especially criminal law, be continuously updated in light of societal and technological developments. However, apart from looking forward, it is also essential in a rule of law society to look back on existing legislation and ask whether they remain fit for purpose.
Sexual offences are a key area that consider society’s evolving notions around sexual morality and issues of consent. The definition of rape in the Crimes Ordinance, for example, has remained on the books without significant amendment since its introduction in 1978.
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The Hong Kong Law Reform Commission has been particularly active in this area, producing a consultation paper in 2012 on rape and other non-consensual sexual offences, as well as a report in 2019 reviewing all major substantive sexual offences in the city.