For discussion
on 10 June 1997

Measures to Tackle Vice Activities

Purpose

This paper examines the Police measures in combating vice activities including the legislative provisions under which the Police can apply for closure orders and removal of signboards.

Background

2. The Police have adopted the following measures in combating vice activities -

  1. setting up an anti-vice squad in each Police Region and District dedicated to the eradication of vice activities in its respective Police Region/District. The anti-vice squads conduct intelligence based operations such as raiding of vice establishments by plain clothes Police officers;

  2. conducting random checks on licensed nightclubs, massage parlours and karaoke bars;

  3. executing closure orders to shut down vice establishments;

  4. removing vice signboards to reduce public nuisance and to increase the cost of the operators of vice establishments; and

  5. conducting identity card checks targetted at illegal immigrant prostitutes.

3. Operators of vice activities are usually prosecuted under the following offences -

  1. "living on earnings of prostitution of others";

  2. "keeping a vice establishment";

  3. "letting premises for use as a vice establishment;

  4. "tenant etc. permitting premises or vessel to be kept as a vice establishment"; and

  5. "tenant etc. permitting premises or vessel to be used for prostitution".

4. Statistics on the number of cases for the above offences are at Annex A. Both the number of cases of "living on earnings of prostitution of others" and "keeping a vice establishment" have increased during the past three years. Penalties on the above offences are at Annex B. Immediate and suspended imprisonment are the two most often imposed sentencing on convicted offenders.

5. The above measures at paragraph 2 are supplemented by the recent enactment of the Crimes (Amendment) Bill 1997. Following the enactment of the Crimes (Amendment) Bill 1997 on 2 May 1997, the maximum imprisonment term for several prostitution and vice establishment related offences were raised substantially. For instance, the maximum imprisonment term for "living on earnings of prostitution of others" was doubled from five to 10 years. In addition, the maximum fine levels were also scrapped to allow flexibility to the courts to impose the appropriate fine in sentencing the offenders without being restricted by a maximum level. These increases in penalties should have a strong deterrent effect against vice activities.

Closure Order and Removal of Signboards

6. Under section 153A of Crimes Ordinance (Cap. 200), the Police can apply for a six-month closure order on a particular premise if a person has committed certain offences within a period beginning four months after and ending 16 months after a previous conviction of that offence in relation to the same premise. The subsequent offences can be committed by a different person as long as the offences relate to the same premise. These offences include -

  1. "keeping a vice establishment";

  2. "letting premises for use as a vice establishment";

  3. "tenant etc. permitting premises or vessel to be kept as a vice establishment"; and

  4. "tenant etc. permitting premises or vessel to be used for prostitution".

In other words, the Police cannot apply for a closure order on a particular premises when the offences are committed for the first time. This is to protect the property rights of the landlords/owners and provide them with enough time to rectify matters or terminate the tenancy. On average, the whole process takes about 15 to 27 months to complete. A breakdown of the whole process together with details of closure orders obtained over the past three years is at Annex C.

7. Section 147A of the Crimes Ordinance (Cap. 200) prohibits the public display of signs advertising prostitution. Section 147B of Cap. 200 permits the removal of such signs by the Police. Where a Police officer of the rank of chief inspector or above reasonably believes that a sign is displayed in contravention of section 147A, he may authorise any other Police officer to remove the signboards.

8. The application of the legislative provisions on closure order and removal of vice signboards can be illustrated by the Police operations in the Mongkok area. Successful Police operations in recent years have led to the reduction of the number of vice establishments in Mongkok area from 304 in 1994 to 244 in 1996. Due to the expiry of closure orders and thus the reopening of some previously closed premises, the number of vice premises now returns to 266. The Police are aiming at closing 150 such premises in the Mongkok area during 1997.

9. The Police generally conduct removal of signboard operations on a monthly basis, subject to resource availability. The number of signboards removed in the Mongkok area since 1993 are as follows -

1993

1994

1995

1996

1997*

748

1,670

1,700

2,651

986

* Up to 30 April 1997 (projected target for 1997 is 3,000)

Difficulties

10. The legal provisions on vice signboards are considered to be effective in facilitating the work of the law enforcement agencies, although it should be noted that the prosecution of persons permitting the public display of vice signboards and removal of such signboards is manpower intensive.

11. On closure orders, problems identified by the Police are -

  1. the entire process of obtaining a closure order is lengthy;

  2. the four-month grace period after the first conviction is being abused. The grace period, which was originally intended to protect innocent landlords, is being used by the vice elements to extend the "survival" period of the vice establishment as long as possible;

  3. the Police have to reapply for closure orders and go through the same lengthy procedures whenever the closure orders lapse or are rescinded.

Improvement Measures being Considered

12. The Police and the Legal Department are examining ways to streamline the procedures in obtaining and executing closure orders. Taking into consideration the need to balance the interest of bona fide owners/landlords and the necessity to combat vice activities, we are considering proposals to shorten the existing grace period and extend the closure period as stipulated in section 153A.

13. The Police are also taking the initiative on the removal of vice signboards by prosecuting those who manufacture them. A test case is currently under process and may prove a useful additional tactic in combating vice establishments if the offender is successfully prosecuted in court.

Conclusion

14. Closure orders and removal of signboards are but two measures that the Police can employ to combat vice activities. Together with other measures, the Police are able to force many vice establishments out of business. We will keep the existing legislation under review to ensure that they are effective in facilitating Police operations whilst protecting individual’s property rights.

Security Branch
June 1997

Annex A

Statistics on Selected Vice Activities Related Offences

Cap.200 Section

Offence

1994

1995

1996

1997

(January to March)




(number of reported cases )



137

Living on earnings of prostitution of others

236

234

252

52

139

Keeping a vice establishment

313

361

462

111

143

Letting premises for use as a vice establishment

0

(figures

4

for S.143

2

- S.144)

0

144

Tenant etc permitting premises or vessel to be kept as a vice establishment





145

Tenant etc permitting premises or vessel to be used for prostitution

0

7

5

0

Annex B

Statistics on Penalty and Duration of Sentence for Vice Activities Related Offence under Cap. 200

I. Section 137 "Living on Earnings of Prostitution of Others"

a) Type of Sentencing


Year of Sentence


1993

1994

1995

1996 (Jan-

Mar)

Outcome :





Immediate Imprisonment

41

47

49

22

Training Centre

0

0

0

1

Detention Centre

1

2

1

2

DATC

1

0

1

0

Probation Order

4

6

5

1

Community Service Order

3

5

4

1

Suspended Imprisonment

33

37

56

13

Fine

16

9

14

8

TOTAL

99

106

130

48

b) Duration of Imprisonment Term


Year of Sentence


1993

1994

1995

1996 (Jan-

Mar)

Duration of Imprisonment Term :





Less than 3 months

3

1

7

3

3 months - less than 6 months

25

21

28

6

6 months - less 9 months

7

22

7

9

9 months - less than 1 year

2

0

4

1

1 year - less than 3 years

4

3

3

3

TOTAL

41

47

49

22

II. Section 139 "Keeping a Vice Establishment"

a) Type of Sentencing


Year of Sentence


1993

1994

1995

1996 (Jan-

Mar)

Outcome :





Immediate Imprisonment

38

65

69

32

Training Centre

0

1

0

0

Detention Centre

0

2

2

0

DATC

2

1

1

0

Probation Order

9

2

2

1

Community Service Order

3

5

2

1

Suspended Imprisonment

73

94

220

71

Bound-over/Conditional Discharge

1

1

0

0

Fine

21

69

46

20

TOTAL

147

240

342

125

b) Duration of Imprisonment Term


Year of Sentence


1993

1994

1995

1996 (Jan-

Mar)

Duration of Imprisonment Term :





Less than 3 months

5

6

12

6

3 months - less than 6 months

23

30

31

17

6 months - less 9 months

9

16

18

4

9 months - less than 1 year

1

4

4

3

1 year - less than 3 years

0

9

4

2

TOTAL

38

65

69

32

III. Section 143 - 144 "Letting Premises for Use as a Vice Establishment" and "Tenant etc. Permitting Premises or Vessel to be Kept as a Vice Establishment"

Type of Sentencing


Year of Sentence


1993

1994

1995

1996 (Jan-

Mar)

Outcome :





Suspended Imprisonment

0

0

3

0

Fine

3

0

1

0

TOTAL

3

0

4

0

IV. Section 145 "Tenant etc. Permitting Premises or Vessel to be Used for Prostitution"

a) Type of Sentencing


Year of Sentence


1993

1994

1995

1996 (Jan-

Mar)

Outcome :





Immediate Imprisonment

0

0

1

0

Suspended Imprisonment

0

1

3

0

Fine

1

0

0

0

TOTAL

1

1

4

0

b) Duration of Imprisonment Term


Year of Sentence


1993

1994

1995

1996 (Jan-

Mar)

Duration of the Imprisonment Term :





3 months - less than 6 months

0

0

1

0

TOTAL

0

0

1

0

Annex C

Closure Order

Table 1. Sequential Action for Seeking Closure Order

1.

Adjournment pending trial following non guilty plea

3-12 months

2.

Minimum grace period following first conviction

4 months

3.

Securing second successful raid

2 months

4.

Adjournment pending trial following non guilty plea

3-6 months

5.

Verification of ownership of the premises

1 month

6.

Submission of affidavit from the OCs raid

2 weeks

7.

Setting the hearing on the closure order

3 weeks

8.

Awaiting execution of the order by the bailiff

4 weeks

Total

15-27 months

Table 2. Closure Orders Obtained in the Past Three Years

1994

1995

1996

38

33

106