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Written by: Zheng Qiuling
2020-06-30 17:19
Date of last update: 2020-06-30 17:26The government proposes six new crimes, including voyeurism, private voyeurism, the crime of shooting a private office without consent, and the release of related images, including photos and videos. The Legislative Council Panel on Security will discuss the matter next Tuesday (7th). The newly established crimes include observing or recording sexual organs or sexual acts exposed or covered in underwear in a private place regardless of the purpose, such as earning money, extortion, or retaliation, whether or not equipment is used to assist in the observation or recording, It is recommended to cover crimes.
Regarding the matter of "sneaking at the bottom of a skirt", the authorities suggested that whether it happened in a public or private place, it would be covered by the crime, but it would not cover the act of "shooting the collar" from top to bottom. It is also proposed to prohibit the release of any candid images. The government prefers to launch a three-month public consultation thereafter.
Proposed order for voyeurism and private voyeurism
The Security Bureau submitted a proposed document to the Security Panel of the Legislative Council, recommending the establishment of a crime of voyeurism and a crime of private voyeurism, both of which are separate offences. The crime of voyeurism refers to the observation or recording of private acts in order to obtain sexual satisfaction. Private peeping refers to observing or recording private actions regardless of purpose, including earning money, extortion, or retaliation. The latter is a legal alternate crime of the former. "Privacy" refers to behavior in a place where there is reasonable expectation to provide privacy, including being exposed to its reproductive organs, buttocks or chest, or covered only with underwear; being in the toilet; or having sex.
Without equipment assistance can also constitute a crime
The authorities suggested that the above-mentioned crimes apply to anyone for the purpose of obtaining sexual satisfaction without the victim’s consent, with or without the aid of equipment, observing the victim’s private conduct or recording images of the victim’s private conduct, or operating the equipment to enable the person to Observe the privacy behavior or record images of the privacy behavior. Anyone who installs equipment, or constructs or modifies any structure or part of it for the purpose of committing himself or another person to commit voyeurism or private voyeurism also constitutes a crime.
It is recommended that "sneak shot of skirt bottom" in public and private places is also illegal
In addition, the authorities suggested accepting the Law Reform Commission’s recommendation on "shooting private places without consent", and concluding an offence for shooting private places for sexual satisfaction without consent, and shooting for whatever purpose without consent. A separate crime is enacted by the Privacy Office, which will cover what is generally understood as "photographing the bottom of a skirt", that is, any person operating the equipment under the victim's clothing without the victim's consent so that he or another person can observe The victim’s privacy, or an image recording the victim’s privacy, whether it occurred in the public or in a private place, applies to both proposed crimes, each as an independent crime, and also as a statutory alternating crime.
Because "Selfie" and other scenarios are difficult to define, "shooting collar" is not covered
But it does not cover the top-down "shooting collar" behavior. The authorities said that the definition of "shooting collar" is not as clear as "shooting skirt bottom", and the former may cover a variety of scenarios, such as "self-timer", so it is not recommended to include Proposed crime. However, a person's privacy refers to his reproductive organs, buttocks or chest, whether these parts are exposed or only covered with underwear.
It is also a crime to distribute candid images and to insult the victim
Regarding the distribution of candid sex images and the release of private images without consent, the authorities recommend that each of them establish a specific crime, which is applicable to anyone who releases a film that is knowingly from voyeurism, private peeping or filming a private place without consent, in order to obtain sex Images that meet or disregard the purpose, including photos and videos. And if the issuer intends to cause the victim to be troubled, or knowingly or have reason to believe that the distribution of these images will cause or may cause the victim to be insulted, frightened or troubled, it constitutes a crime.
Under the current legislation, there is no specific crime against the above acts. Depending on the case, "loitering", "disruption of order in public places", "undermining public system" and other treatments have been invoked. The crime of "accessing the computer with honest intentions" is a charge involving the use of a mobile phone to photograph the bottom of a skirt in public and private places, and the upload of private images without consent. There were about 200 cases of criminal convictions from 2015 to 2018, but they lived with them. In the case of the Court of Final Appeal, the crime no longer applies to similar cases.
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