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Author: Zheng Qiuling
2021-01-15 16:55
Last update date: 2021-01-15 17:00
The Security Panel of the Legislative Council today (15th) discussed the government's proposal to establish specific proposals for criminal offences such as voyeurism.
Many members of the Legislative Council were dissatisfied with not including the top-down "sneak shooting of collars." Deputy Secretary for Security Ou Zhiguang said that during the study of the Law Reform Commission, the SAR government was required to follow the principle of gender neutrality. Many problems, including the inability to deal with transgender people.
In addition, regarding the definition of "a place with a reasonable expectation of providing privacy" in the crime of private voyeurism, examples of reasonable expectation include undressing and closing doors in restrooms, bathrooms, etc.; however, such as aerial photography, taxi cabin conditions, etc., it depends The situation cannot be generalized.
Deputy Secretary of the Security Bureau: Follow the principle of gender neutrality
The proposed crime of shooting privately without consent covers the act of "sneak shooting of the bottom of a skirt", and the act of "hidden shooting of the collar" is temporarily suspended.
The Deputy Secretary of the Security Bureau, Ou Zhiguang, explained that the Law Reform Commission required the SAR government to follow the principle of gender neutrality, that is, the same coverage regardless of gender.
He continued that the opinions collected also believe that if only covering female breasts will cause many problems, including the inability to deal with transgender people, the society has different views on the breasts of both sexes, and the precise definition of crimes to avoid misunderstandings, etc. Currently such as the UK and Canada There is no crime of "candid photographing of collars" in places such as Australia and Australia. I believe the above considerations also apply.
The situation in the taxi cannot be generalized
As for how the definition of "a place with reasonable expectation to provide privacy" in the crime of private voyeurism constitutes, the passionate citizen Zheng Songtai is concerned about whether it will include aerial photography and the scope of taxi compartments.
Ou Zhiguang said that it is reasonable to expect that toilets, bathrooms, etc. will be undressed and the doors closed. However, if aerial photography, taxi conditions cannot be generalized, if the window position can be seen without aerial photography, whether there is still a reasonable expectation of privacy? As for the taxi, it depends on the location, such as interspersed in a street with many people, whether it was expected that people outside the street would not be able to see inside.
Regarding the reposting of secretly filmed images and clips on social platforms, Mak Meijuan of the Federation of Trade Unions questioned whether he would post the film on the Internet "Uh LIKE" and whether there was any "sharing innocence". Ou Zhiguang said that in the drafting crimes, such as the release of known images It is illegal to give out without and without the consent of the victim.
He pointed out that if the image released by someone is not obtained by voyeurism, the prosecution has to prove that the victim is insulted, frightened, or distressed. The threshold is quite high. The authorities hope that the legislation will precisely crack down on the crimes that should be combated.
The Police Cyber Security and Technology Crime Investigation Bureau patrols the Internet every day. If it finds any inappropriately posted images, it will immediately notify the person in charge of the social platform to remove it.
After public consultation, the government adjusted the legislative proposal and finally proposed a separate "voyeuristic" offence with a maximum penalty of five years in prison. It also proposed to expand the scope of the Canadian model to cover genitals, buttocks or breasts covered only by underwear.
A separate crime of "photographing a private place without consent" was established. The maximum penalty is 5 years' imprisonment, whether for sexual purposes or for dishonest benefit of the person or another person.
And for the release of secretly photographed private images obtained from the crime of "voyeurism" or "capture of private conviction without consent", as well as the release of private images that may or have been approved for shooting but not subsequently released, including hard photos and videos , Will establish the two crimes, the maximum penalty is also 5 years imprisonment.
The authorities propose to add a defence, and it also proposes to add the crimes of "voyeurism" and "filming of private places without consent" into the sexual conviction record checking mechanism.
The authorities are working on the drafting of the proposed amendment bill, and the goal is to submit it to the Legislative Council during the current session of the Legislative Council.
Legislation on the crime of voyeurism | Public support for the legislative government to propose a bill in the second half of the year
The Law Reform Commission consults lawmakers on penalties for sexual offences, urges to increase secretly filming skirts and penalties for "voyeurism"
The government provides a three-month public consultation for voyeurism and secret photography of criminal offences and advocates a maximum penalty of five years in prison
The government advocates six crimes such as voyeurism, secretly filming skirts, and distributing sexual images. The public will be consulted
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Crime of voyeurism by the Security Bureau
