Legislative Council

LC Paper No. LS 222/98-99

Objects of the Bill

To amend the Crimes Ordinance (Cap. 200) ("the Ordinance") to-

1. provide that any person who makes arrangement for himself or another person to perpetrate a sexual offence specified in the proposed Schedule 2 towards a child under the age of 16 or advertises any such arrangement commits an offence; and
   
   
2. give extra-territorial effect to sexual offences specified in the proposed Schedule 2 towards children under the age of 16 or 13.

LegCo Brief Reference

2. SBCR 21/3231/71 Pt. 9 issued by the Security Bureau on 23 June 1999.

Date of First Reading

3. 30 July 1999.

Comments

4. Clause 2 of the Bill provides that any person who makes arrangement for himself or another person to perpetrate a sexual offence specified in the proposed Schedule 2 towards a child under the age of 16, or publishes or distributes, etc. any such arrangement commits an offence. The term "distribute" is defined to include making any message or data readily available through any means of electronic transmission. In both cases, the maximum penalty on conviction on indictment is a fine of $3 million and imprisonment for 10 years. Where a person is charged with an offence of advertising such arrangement, it is a defence for him to show that he has not seen the advertisement and did not know, nor did he have any cause to suspect, it to be an advertisement relating to such arrangement.

5. Clause 4 provides that where a person who is a Hong Kong permanent resident or who ordinarily resides in Hong Kong, a body corporate that is incorporated or registered in Hong Kong or a body of persons, whether corporate or unincorporate, that has a place of business in Hong Kong, perpetrates outside Hong Kong a sexual offence specified in the proposed Schedule 2 towards a child under the age of 16 or 13 in respect of certain specified offences, is guilty of that offence. It also provides that where any person or body of persons whether corporate or unincorporate, perpetrates outside Hong Kong a sexual offence specified in the proposed Schedule 2 towards a child who is a Hong Kong permanent resident or who ordinarily resides in Hong Kong and is under the age of 16 or 13 in respect of certain specified offences, is guilty of that offence. It is a defence for the person to show that there is a valid marriage between him and the victim.

6. Clause 6 adds a new Schedule to the Ordinance and sets out therein 24 sexual offences provided for in the Ordinance.

Public Consultation

7. The LegCo Brief states that 2 rounds of public consultation were conducted in November 1998 and February 1999 with over 80 selected organisations including welfare agencies, youth organisations, concern groups and associations in the fields of information technology, mass communication and law. It states that all of them supported the proposals in principle. The Fight Crime Committee was also consulted in September 1998 and it supported the proposals.

Consultation with the LegCo Panel

8. The LegCo Brief further states that the LegCo Panel on Security was consulted in September 1998 and it supported the proposals.

Conclusion

9. The Bill introduces new offences of arrangement for and advertising child sex tours with heavy criminal penalty. It further makes provision for the extra-territorial effect of certain sexual offences towards children, which involves the issue of extradition of offenders. The Legal Service Division is still scrutinising the legal and drafting aspects of the Bill. In the meantime, members may wish to decide whether there is a need to form a Bills Committee to study the Bill in detail.


Prepared by


Lam Ping-man, Stephen
Assistant Legal Adviser
Legislative Council Secretariat
29 June 1999
Bill/LS/B/199/98-99