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Annex 6
Extracts from the
Crimes Ordinance (Cap 200)
123. Intercourse with girl under
13 A man who has unlawful sexual
intercourse with a girl under the age of 13 shall be guilty of an offence and
shall be liable on conviction on indictment to imprisonment for
life.124. Intercourse with girl under
16 (1) Subject to subsection (2), a man
who has unlawful sexual intercourse with a girl under the age of 16 shall be
guilty of an offence and shall be liable on conviction on indictment to
imprisonment for 5 years. (2) Where a
marriage is invalid under section 27(2) of the Marriage Ordinance (Cap. 181) by
reason of the wife being under the age of 16, the invalidity shall not make the
husband guilty of an offence under this section because he has sexual
intercourse with her, if he believes her to be his wife and has reasonable cause
for the belief.130. Control over
persons for purpose of unlawful sexual intercourse or
prostitution (1) A person who
-(a) harbours another person or exercises
control or direction over another person with the intention that that person
shall do unlawful sexual acts with others;
or(b) harbours another person or exercises
control, direction or influence over another person for the purpose of or with a
view to that person's prostitution,shall be
guilty of an offence and shall be liable on conviction on indictment to
imprisonment for 14 years. (2) A person shall
not be convicted of an offence under this section on the evidence of one witness
only, unless the witness is corroborated in some material particular by evidence
implicating the
accused.131. Causing
prostitution (1) A person who
–(a) procures another person to become,
in Hong Kong or elsewhere, a prostitute;
or(b) procures another person to leave Hong Kong,
intending that other person to become, elsewhere, an inmate of or frequent any
premises, vessel or place kept as a vice establishment;
or(c) procures another person to leave her or his
usual place of abode in Hong Kong, intending that other person to become an
inmate of or frequent any premises, vessel or place kept as a vice
establishment, in Hong Kong or elsewhere, for the purpose of
prostitution,shall be guilty of an offence and
shall be liable on conviction on indictment to imprisonment for 10
years. (2) A person shall not be convicted of
an offence under this section on the evidence of one witness only, unless the
witness is corroborated in some material particular by evidence implicating the
accused.134. Detention for Intercourse
or In vice establishment (1) A person who
in any manner or by any means detains another person against her or his will
-(a) with the intention that the other person
shall do an unlawful sexual act; or(b) on any
premises or vessel, or in any place, kept as a vice
establishment,shall be guilty of an offence
and shall be liable on conviction on indictment to imprisonment for 14
years. (2) Where a person is on any premises
or vessel for the purpose of doing an unlawful sexual act or is on any premises
or vessel, or in any place, kept as a vice establishment, another person shall
be deemed for the purposes of subsection (1) to detain that person there if,
with the intention of compelling or inducing that person to remain there, the
other person -(a) withholds from that person
any of that person's clothes or other property;
or(b) threatens that person with legal proceedings
in the event of that person taking away clothes provided for that person by the
other person or on the other person's directions.
(3) A person shall not be liable to any
legal proceedings, whether civil or criminal, for taking away or being found in
possession of any clothes she or he needed to enable her or him to leave
premises or a vessel on which she or he was being detained for the purpose of
doing an unlawful sexual act or to leave any premises, vessel or place kept as a
vice establishment.135. Causing or
encouraging prostitution of, intercourse with, or indecent assault on, girl or
boy under 16 (1) A person who causes or
encourages the prostitution of or an unlawful sexual act with a girl or boy
under the age of 16 for whom that person is responsible shall be guilty of an
offence and shall be liable on conviction on indictment to imprisonment for 10
years. (2) Where a girl or boy is a
prostitute or has done an unlawful sexual act, a person shall be deemed for the
purposes of this section to have caused or encouraged the same if that person
knowingly allowed the girl or boy to consort with, or to enter or continue in
the employment of, any prostitute or person of known immoral character.
(3) Subject to subsection (4), the
persons who for the purposes of this section are to be treated as
responsible for a girl or boy are -(a) any
person who is her or his parent or legal
guardian;(b) any person who has actual possession
or control of her or him, or to whose charge she or he has been committed by her
or his parent or legal guardian or by a person having the custody of her or him;
and(c) any other
person who has the custody, charge or care of her or him.
(4) In subsection (3), "parent"
(父母) does not
include, in relation to any girl or boy, a person deprived of her or his custody
by order of a court of competent jurisdiction but, subject to that, in the case
of a girl or boy who has been adopted under the Adoption Ordinance (Cap. 290)
means her or his adopters and in the case of a girl or boy who is illegitimate,
and has not been so adopted, means her or his mother and any person who has been
adjudged to be her or his putative father.
137. Living on earnings of
prostitution of others (1) A person who
knowingly lives wholly or in part on the earnings of prostitution of another
shall be guilty of an offence and shall be liable on conviction on indictment to
imprisonment for 10 years. (2) For the
purposes of subsection (1), a person who lives with or is habitually in the
company of a prostitute, or who exercises control, direction or influence over
another person's movements in a way which shows he or she is aiding, abetting or
compelling that other person's prostitution with others, shall be presumed to be
knowingly living on the earnings of prostitution, unless he or she proves the
contrary.139. Keeping a vice
establishment (1) A person who on any
occasion -
(a) keeps any premises, vessel or
place as a vice establishment; or(b) manages or
assists in the management, or is otherwise in charge or control, of any
premises, vessel or place kept as a vice
establishmentshall be guilty of an offence and
shall be liable -(i) on summary conviction to
imprisonment for 3 years; or(ii) on conviction on
indictment to imprisonment for 10
years. (2) Where
–(a) a charge under this section is
preferred against a person or is withdrawn;
or(b) a person is acquitted or convicted of, or
successfully appeals against a conviction for, an offence under this
section,section 145A applies.
Use of premises, etc.
for illicit sexual purposes
140. Permitting girl or boy under 13 to resort to
or be on premises or vessel for
intercourse
An owner or occupier of any
premises or vessel, and any person who manages or assists in the management or
control of any premises or vessel, who induces or knowingly suffers a girl or
boy under the age of 13 to resort to or be on such premises or vessel for
the purpose of doing an unlawful sexual act or for the purpose of
prostitution shall be guilty of an offence and shall be liable on conviction on
indictment to imprisonment for
life.
141. Permitting young person to
resort to or be on premises or vessel for intercourse, prostitution, buggery or
homosexual act
An owner or occupier of any
premises or vessel, and any person who manages or assists in the management or
control of any premises or vessel, who induces or knowingly suffers
-
(a) a girl under the age of 16 to resort to
or be on such premises or vessel for the purpose or having unlawful sexual
intercourse with a man or for the purpose of
prostitution;
(b) a girl or boy under the age or 21
to resort to or be on such premises or vessel for the purpose or
committing buggery with a man; or
(c) a boy under
the age of 21 to resort to or be on such premises or vessel for the purpose of
committing an act of gross indecency with a
man,
shall be guilty of an offence and shall be
liable on conviction on indictment to imprisonment for 14
years.
143. Letting premises for use as
a vice establishment
(1) A person who,
being tile owner or tenant of any premises or his
agent -
(a) lets
the whole or part or the premises with the knowledge that it is to be kept, in
whole or in part, as a vice establishment; or
(b)
where the whole or part of the premises is used as a vice establishment, is
wilfully a party to that use continuing,
shall
be guilty of an offence and shall be liable on conviction on indictment to
imprisonment for 7 years.
(2) Where
-
(a) a charge under this section is preferred
against a person or is withdrawn; or
(b) a person
is acquitted or convicted of, or successfully appeals against a conviction for,
an offence under this section.
section 145A
applies.
144. Tenant etc. permitting
premises or vessel
to be kept as a vice
establishment
(1) A person who
-
(a) being the tenant or occupier, or person
in charge, of any premises permits or suffers the whole or part of the premises
to be kept as a vice establishment; or
(b) being
the owner, or the master or other person in charge, of any vessel permits or
suffers the whole or part of the vessel to be kept as a vice
establishment,
shall be guilty of an offence
and shall be liable on conviction on indictment to imprisonment for 7
years.
(2) Where
-
(a) a charge under this section is preferred
against a person or is withdrawn; or
(b) a person
is acquitted or convicted of, or successfully appeals against a conviction for,
an offence under this section,
section 145A
applies.
145. Tenant etc. permitting
premises or vessel to he used for
prostitution
(1) A person who
-
(a) being the tenant or occupier, or person
in charge, of any premises permits or suffers the whole or part of the premises
to be used for the purposes of habitual prostitution;
or
(b) being the owner, or the master or other
person in charge, of any vessel permits or suffers the whole or part of the
vessel to be used for the purpose of habitual
prostitution,
shall be guilty or an offence and
shall be liable on conviction on indictment to imprisonment for 7
years.
(2) Where
-
(a) a charge under this section is preferred
against a person or is withdrawn; or
(b) a person
is acquitted or convicted of, or successfully appeals against a conviction for,
an offence under this section,
section 145A
applies.
Miscellaneous offences
and provisions
146. Indecent conduct towards child under
16
(1) Subject to subsection (3), a
person who commits an act of gross indecency with or towards a child under the
age of 16, or who incites a child under the age of 16 to commit such an act with
or towards him or her or another, shall be guilty of an offence and shall be
liable on conviction on indictment to imprisonment for 10 years.
(2) It shall not be a defence to a charge
under this section to prove that the child consented to the act of gross
indecency.
(3) A person who commits an act of
gross indecency with or towards a child or who incites a child to commit such an
act with or towards him or her is not guilty of an offence under this section if
that person is, or believes on reasonable grounds that he or she is, married to
the child.