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Crimes (Amendment) Bill 1999
Amend the Crimes Ordinance.
Enacted by the Legislative Council.
1. Short title and commencement
(1) This Ordinance may be cited as the Crimes (Amendment) Ordinance 1999.
(2) This Ordinance shall come into operation on a day to be appointed by the Secretary for Security by notice in the Gazette.
2. Sections added
The Crimes Ordinance (Cap. 200) is amended by adding the following after section 147---
"147AA. Arranging for or advertising
child sex tours
(1) Any person who makes arrangements, whether wholly or partly in Hong Kong, for himself or another person to engage in any act in relation to a person under the age of 16 that will constitute an offence under any of the provisions specified in Schedule 2 if it is committed in Hong Kong, commits an offence and shall be liable on conviction on indictment to a fine of $3,000,000 and to imprisonment for 10 years.
(2) Any person who publishes, distributes or publicly displays, or causes or permits the publication, distribution or public display of an advertisement that advertises any arrangements referred to in subsection (1) commits an offence and shall be liable on conviction on indictment to a fine of $3,000,000 and to imprisonment of 10 years.
(3) For the purpose of subsection (2), "distribute" (分發) includes making any message or data readily available through any means of electronic transmission.
147AB. Defence
Where a person is charged with an offence under section 147AA(2), there shall be a defence for him if it is established by evidence that he had not himself seen the advertisement and did not know, nor did he have any cause to suspect, it to be an advertisement mentioned in that section.".
3. Conviction for offence other than that charged
Section 149(1) is amended by repealing "the Schedule" where it twice appears and substituting "Schedule 1".
4. Subheading and section added
The following is added after section 153O---
"Extra-territorial effect of certain sexual offences
towards children
154A. Extra-territorial effect
(1) Where---
(a) a person who is a Hong Kong permanent resident or who ordinarily resides in Hong Kong;
(b) a body corporate that is incorporated or registered in Hong Kong; or
(c) a body of persons, whether corporate or unincorporate, that has a place of business in Hong Kong,
commits any act outside Hong Kong that would have constituted an offence under any of the provisions specified in Schedule 2 had it been committed in Hong Kong, then the person or body shall be guilty of that offence if the act was committed in relation to a person---
(i) under the age of 16 ; or
(ii) in the case of an offence under section 123 or 140, under the age of 13.
(2) Where any person or body of persons whether corporate or unincorporate, commits any act outside Hong Kong that---
(a) would have constituted an offence under any of the provisions specified in Schedule 2 had it been committed in Hong Kong; and
(b) is committed in relation to a person who is a Hong Kong permanent resident or who ordinarily resides in Hong Kong and is---
(i) under the age of 16 ; or
(ii) in the case of an offence under section 123 or 140, under the age of 13,
then the person or body shall be guilty of that offence.
(3) It shall be a defence to a prosecution for an offence by virtue of subsection (1) or (2) that---
(a) at the time of the act there existed between the defendant and the person in relation to whom the offence was allegedly committed a marriage that was valid, or recognized as valid, under the law of---
(i) the place where the marriage was solemnized; or
(ii) the place where the offence was allegedly committed; or
(iii) the place of the defendant's residence or domicile; and
(b) when it was solemnized, the marriage was genuine.".
5. Other offences of which accused
may be convicted
The Schedule is renumbered as Schedule 1.
6. Schedule 2 added
The following is added---
"SCHEDULE 2 [ss. 147AA & 154A]
Section Description of offence
118 Rape
118A Non-consensual buggery
118B Assault with intent to commit buggery
118C Homosexual buggery with or by man under 21
118D Buggery with girl under 21
118F Homosexual buggery committed otherwise than in private
118G Procuring others to commit homosexual buggery
118H Gross indecency with or by man under 21
118J Gross indecency by man with man otherwise than in private
118K Procuring gross indecency by man with man
119 Procurement by threats
120 Procurement by false pretences
121 Administering drugs to obtain or facilitate unlawful sexual act
122 Indecent assault
123 Intercourse with girl under 13
124 Intercourse with girl under 16
126 Abduction of unmarried girl under 16
130 Control over persons for purpose of unlawful sexual intercourse or
prostitution
132 Procurement of girl under 21
134 Detention for intercourse or in vice establishment
135 Causing or encouraging prostitution of, intercourse with, or indecent
assault on, girl or boy under 16
140 Permitting girl or boy under 13 to resort to or be on premises or vessel
for intercourse
141 Permitting young person to resort to or be on premises or vessel for
intercourse, prostitution, buggery or homosexual act
146 Indecent conduct towards child under 16".
Explanatory Memorandum
The object of this Bill is to amend the Crimes Ordinance (Cap. 200) to prohibit advertising child sex tours and to make provision for the extra-territorial effect of certain sexual offences towards children.
2. Clause 2 adds 2 sections to the Crimes Ordinance (Cap. 200) to create an offence of advertising child sex tours and to provide a defence for the offence.
3. Clause 4 adds a new part to the Crimes Ordinance (Cap. 200) to provide for the extra-territorial application of certain offences under that Ordinance if the offences are committed towards children.
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