LAWS IN HONG KONG

Specific Offences

The Crimes (Amendment) Ordinance 2021 came into effect on 8 October 2021, introducing the following offences that tackle a range of image-based sexual violence behaviours. The new offences are applicable to people of different genders.

  • Examples

    • Secretly filming a person changing clothes in a toilet

    • Filming sexual intercourse with partner, using hidden camera

    Act

    • Surreptitiously observe or record an individual in a place in which any individual can reasonably be expected to have privacy

    Purpose

    • For the purpose of observing or recording an intimate part¹ or an intimate act; or for a sexual purpose²

    Maximum Penalty

    • 5 years’ imprisonment

  • Example

    • ‘Upskirting’

    • ‘Downblousing’

    Acts

    • Observe or record an intimate part of an individual, in circumstances in which the intimate part would not otherwise be visible³

    Purposes

    • For a sexual purpose²; or doing the act(s) dishonestly

    Maximum Penalty

    • 5-year imprisonment

  • Example

    • Someone distributing intimate video of ex-partner to his/her colleagues after break-up

    • Photographer of ‘private shooting’ uploading intimate photos to discussion forums without the model’s consent

    • Someone threatening the other to disseminate a ‘deepfake’ image to the internet

    Acts

    • A person publishes an intimate image³ of an individual without consent. It is immaterial whether the intimate image is created with or without the consent of the individual.

    • A person makes a threat to publish an intimate image³ of an individual. It is immaterial whether the intimate image is created with or without the consent of the individual.

    Purposes

    • Intends to cause humiliation, alarm or distress to the individual; knows or is reckless as to whether the publication will or is likely to cause humiliation, alarm or distress to the individual

    Maximum Penalty

    • 5-year imprisonment

  • Content of the order

    • A magistrate may order a person, whether in Hong Kong or elsewhere, to take reasonable steps to remove, delete or destroy, or to cause the removal, deletion or destruction of, the image within a specified period.

    Procedures

    The application is to be made in the name of the Secretary for Justice. The Magistrate, based on the application, issues a summons to the specified person.

    Applicable Targets

    • Anyone who has the means to control or is in possession of the image; it is also proved that the person is able to take the required actions specified in the disposal order.

    • E.g. defendant, online content host

    Maximum Penalty

    • 1-year imprisonment or a fine of HKD 100,000

¹ Intimate Part

The individual’s genitals, buttocks, anal region or breasts (whether exposed or only covered with underwear); or the individual’s underwear covering genitals, buttocks, anal region or breasts.

² Sexual Purposes

Stimulation or satisfaction of the sexual desire of the person or any other person

³ intimate image:

  • An image showing an intimate part of the individual or the individual doing an intimate act

  • It also includes an image that has been altered that appears to show an intimate part of the individual or the individual doing an intimate act (i.e. ‘deepfake’ image).

Full text of Crime Ordinance Part XIIAA →

Other Offences

These following legislations may also cover the acts of image-based sexual violence.

  • Prevention of Child Pornography Ordinance Section 3: Offences relating to child pornography

  • Control of Obscene and Indecent Articles Ordinance

    Section 21: Prohibition on publishing obscene articles; and

    Section 23: Prohibition on display of indecent matter

  • E.g. upskirting; secretly filming others in the toilet changing clothes, breastfeeding, or performing other private acts

    1. Public Order Ordinance section 17B(2): Disorder in public places

    2. Crimes Ordinance section 160(3): Loitering causing concern

    3. Common law offence: Acts outraging public decency

  • Crimes Ordinance Section 24: Criminal intimidation

  • Theft Ordinance Section 23: Blackmail

  • Crimes Ordinance Section 119: Procuring another person to do an unlawful sexual act by threats

 

EOC Complaint /
Civil Procedures

Image-based sexual violence behaviours might amount to sexual harassment. According to Sex Discrimination Ordinance (SDO), sexual harassment means that a person makes an unwelcome conduct of a sexual nature to another person, makes an an unwelcome request for sexual favours and talks about issues of a sexual nature. It also amounts to sexual harassment if a person finds the environment sexually hostile and intimidating. However, SDO only applies to certain prescribed areas of activities, such as, employment, education, provision of goods, services and/or facilities.

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