Hong Kong Ordinances

CRIMES ORDINANCE - SECT 117

Interpretation

(Past version on 01/02/1999).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

PART XII

SEXUAL AND RELATED OFFENCES

Interpretation

(1) In this Part, unless the context otherwise requires-

"closure order" (封閉令) means an order made under section 153A(2); (Added
69 of 1990 s. 2)

"forfeiture order" (沒收令) means an order made under section 153F(4);
(Added 69 of 1990 s. 2)

"mentally incapacitated person" (精神上無行為能力的人) means a
mentally disordered person or a mentally handicapped person (within the
meaning of the Mental  Health Ordinance ( Cap 136)) whose mental disorder or
mental handicap, as the case may be, is of such a nature or degree that that
person is incapable of living an independent life or guarding himself against
serious exploitation, or will be so incapable when of an age to do so; (Added
81 of 1997 s. 59)

"owner" (擁有人) in relation to any premises means any person holding the
premises direct from the Government, whether under lease, licence or
otherwise, any mortgagee in possession and any person receiving the rent of
the premises, solely or with another and on his behalf or that of any person,
or who would receive the same if such premises were let to a tenant, and,
where such owner as above defined cannot be found or ascertained, or is absent
from Hong Kong or is under disability, also includes the agent of such owner;
(Amended 29 of 1998 s. 105)

"prostitute" (娼妓) means a prostitute of either sex; (Added 90 of 1991 s.
2)

"public place" (公眾地方) means-

   (a)  any place to which for the time being the public or a section of the
        public are entitled or permitted to have access, whether on payment or
        otherwise; and

   (b)  a common part of any premises notwithstanding that the public or a
        section of the public are not entitled or permitted to have access to
        that common part or those premises; (Added 90 of 1991 s. 2)

"rape offence" (強姦罪行) means any of the following, namely, rape,
attempted rape, aiding, abetting, counselling or procuring rape or attempted
rape, and incitement to rape; (Added 25 of 1978 s.2) [cf. 1976 c. 82 s. 7(2)
U.K.]

"specified sexual offence" (指明性罪行) means any of the following,
namely, rape, non-consensual buggery, indecent assault, an attempt to commit
any of those offences, aiding, abetting, counselling or procuring the
commission or attempted commission of any of those offences, and incitement to
commit any of those offences; (Added 90 of 1991 s. 2)

"suspension order" (暫停執行令) means an order made under
section 153I(4). (Added 69 of 1990 s. 2)

(1A) For the purposes of this Part a person does an unlawful sexual act if,
and only if, that person-

   (a)  has unlawful sexual intercourse;

   (b)  commits buggery or an act of gross indecency with a person of the
        opposite sex with whom that person may not have lawful sexual
        intercourse; or

   (c)  commits buggery or an act of gross indecency with a person of the same
        sex. (Added 90 of 1991 s. 2)

(1B) For the avoidance of doubt, it is declared that for the purposes of
sections 118, 119, 120 and 121 and without affecting the
generality of any other provisions of this Part, "unlawful sexual intercourse"
(非法性交、非法的性交) does not exclude sexual intercourse that a
man has with his wife. (Added 23 of 2002 s. 11)

(2) The use in any provision of this Part of the word "man" without the
addition of the word "boy", or vice versa, shall not prevent the provision
applying to any person to whom it would have applied if both
words had been used, and similarly with the words "woman" and "girl".

(3) Premises, vessel or any place shall not be treated as a vice establishment
for the purposes of this Part unless-

   (a)  the premises, vessel or place are or is used wholly or mainly by 2 or
        more persons for the purposes of prostitution; or (Amended 90 of 1991
        s. 2)

   (b)  the premises, vessel or place are or is used wholly or mainly for or
        in connection with the organizing or arranging of prostitution. (Added
        1 of 1978 s. 6. Amended 81 of 1997 s. 59) [cf. 1956 c. 69 s. 45 U.K.]

"closure order" (封閉令)

"forfeiture order" (沒收令)

"mentally incapacitated person" (精神上無行為能力的人)

"owner" (擁有人)

"prostitute" (娼妓)

"public place" (公眾地方)

"rape offence" (強姦罪行)

"specified sexual offence" (指明性罪行)

"suspension order" (暫停執行令)

"unlawful sexual intercourse" (非法性交、非法的性交)