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Written by: Deng Yinglin
2019-12-05 20:27
Last updated: 2019-12-05 20:27The Law Reform Commission of Hong Kong recommends reform of the Crimes Ordinance (Cap. 200), including replacing the term "rape" with an offence covering a broader definition of conduct, and aligning the age of consent for sexual conduct in Hong Kong to 16 and so on. The Director-General of the Child Abuse Prevention Council, Huang Cuiling, generally welcomes and agrees with the recommendations of the Law Reform Commission, and believes that the amendments can effectively curb sexual crimes. However, the sexual relationship between close relatives or factors such as coercion, manipulation or authority may not be able to oppose them. Urges the government to consider amendments.
District Councillor Hu Suishan, who has always been concerned about women's rights and sexual violence, also agrees with the Commission's proposal to change "rape" to "sexual assault without consent" and believes that male and transgender people can also be replaced. Included in the guarantee.
The Law Reform Commission of Hong Kong today (5th) published its "Review of Substantive Sexual Offences" report, making final recommendations on reforms to the Crimes Ordinance (Cap. 200), including new sexual assault by penetration without consent. Offences, and the age of consent for sexual activity in Hong Kong should be uniformed at 16. (Schematic / profile picture)
The Law Reform Commission of Hong Kong today (5th) published a report on "Review of Substantive Sexual Offences", and made final recommendations on reform of the Crimes Ordinance (Cap. 200), including the abandonment of the crime of "rape". Sexual assault offences by consent with consent, and the age of consent for sexual acts in Hong Kong should be standardized to 16 years, as well as a series of gender-neutral sexual offences involving children and persons with mental impairment.
In an interview with "Hong Kong 01", the Director General of the Child Abuse Prevention Council, Wong Cui Ling, said that she generally welcomed and endorsed the Law Reform Commission's recommendations and believed that the amendments could effectively deter sexual crimes. For example, she pointed out that the standardization of the age limit for sexual offences at the age of 16 would allow the public to better understand the relevant legal requirements.
Huang Cuiling advocates forcing sexual offenders to receive treatment to reduce the chance of felons
The report recommends that adoptive parents should be included in the new crime of incest. Huang Cuiling believes that the role and responsibility of adoptive parents is the same as that of their biological parents. If there is a sexual assault, the harm to their children will be very large and the entire family will be affected. Agree with the suggestion, but she doubts the validity of expressing "consent" to a minor who is 16 years of age or older, and bluntly that the sexual relationship between close relatives or factors such as coercion, manipulation or authority may not be able to object.
Huang Cuiling also suggested that the law should include the requirement that sex offenders must be compulsorily treated and continue to follow up after release to reduce the possibility of re-offending prisoners. Considering that young people who commit sexual crimes may have insufficient knowledge of sex education, the government should Strengthen the guidance and education of juvenile sex offenders.
District Councillor Hu Suishan, who has always been concerned about women's rights and sexual violence, also believes that the proposal to change "rape" to "sexual assault without consent" can protect males and transgender people. Column.
In the report's final proposal, the legal definition of the term "consent" in relation to sexual behavior is to provide that anyone has the capacity to consent freely and voluntarily to sexual activity. Hu Suishan believes that the law should clearly define what constitutes "capacity", such as exempting circumstances such as imprisonment or unconsciousness, and increasing the protection of the victim as much as possible; at the same time, it should be based on the body and mind of the victim The extent of the injury determines the severity of the crime: "For example, glass bottles can cause more damage to the body than penis, and should be classified as the highest level of aggression."
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The new proposal also includes the creation of a crime to seduce children for sexual purposes, including preventing pedophiles from communicating with children via mobile phones or the Internet and gaining trust with the intent to commit assault. Huang Cuiling believes that the use of mobile phones and the Internet by children is very common today, and the amendments have preventive effects. She also suggested that the government should turn the current voluntary "sex crime conviction record check" into a statutory requirement for babysitters, coaches and even private tutors Employers can also check whether prospective employees have conviction records for sexual crimes and increase protection for children. Huang Cuiling has also urged the government to strengthen support for victims of sexual crimes and their families.
Hu Suishan also said that the amendment did not specifically define video sexual violence as sexual assault. It is hoped that relevant departments may include acts that do not involve physical contact (such as sneak shots, video recordings) and other acts as sexual assaults to increase deterrence.
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