Cap. 200 《刑事罪行條例》Crimes Ordinance

A person commits a piratical act if—

Any person who commits a piratical act shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for life.

[cf. 1698 c. 7 ss. 7 & 8 U.K.]

Any person who is found within Hong Kong on board any vessel equipped for the purposes of piracy, shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for 3 years.

It shall be a defence to a charge under subsection (1) if the person charged proves—

The Chief Executive in Council may make regulations for all or any of the following matters— (Amended 13 of 1999 s. 3)

Regulations made under this section may provide that a contravention of specified provisions thereof shall be an offence, and may prescribe penalties therefor not exceeding a fine at level 2 and imprisonment for 6 months. (Amended E.R. 4 of 2021)

Any act of any person which—

shall, subject to subsections (5) and (7), whatever the citizenship or nationality of the person, constitute that offence.

Any act of any person which—

shall, subject to subsections (5) and (7), whatever the citizenship or nationality of the person, constitute that offence. [cf. 1878 c. 73 U.K.]

Where—

then, subject to subsections (5) and (7), the act shall constitute that offence. [cf. 1894 c. 60 s. 686 U.K.]

Where an offence against the person or against property is committed, either ashore or afloat, in any place outside Hong Kong by any master, seaman or apprentice who at the time when the offence is committed is, or at any time within the previous 3 months was, employed in any Hong Kong ship, the matter may be inquired into, and the person by whom the offence was committed may be punished and otherwise dealt with in the same manner as if the offence had been committed in Hong Kong. [cf. 1894 c. 60 s. 687 U.K.]

Nothing in this section applies to any act which is expressly or impliedly authorized by or under any law of Hong Kong when occurring outside Hong Kong or in Hong Kong waters or which, when so occurring, is expressly or impliedly exempted or excluded from, or otherwise not subject to or covered by, a prohibition, restriction, requirement or other provision imposed or made by or under any such law or otherwise contained in any such law.

Where an act constitutes an offence by virtue of this section and legal proceedings are taken for the offence and the court in which the proceedings are brought has not apart from this subsection jurisdiction to hear and determine the proceedings, then for the purpose of conferring such jurisdiction the act shall be treated as having occurred in Hong Kong.

This section applies to—

Proceedings to which this section applies shall be instituted only with the consent in writing of the Chief Executive who shall give such consent only if, in his opinion, their institution is expedient.

This section applies to any proceedings for an indictable offence, other than piracy, which is alleged to have been committed—

(Repealed 13 of 1999 s. 3)

Where a statement made for the purposes of a judicial proceeding is not made before a court, tribunal or person having by law power to hear, receive and examine evidence on oath but is made on oath before a person authorized by law to administer an oath to the person who makes the statement and to record or authenticate the statement, it shall be deemed for the purposes of this Part to have been made in a judicial proceeding.

A statement made by a person lawfully sworn in Hong Kong for the purposes of a judicial proceeding elsewhere shall be deemed for the purposes of this Part to have been made in a judicial proceeding in Hong Kong.

Any person who aids, abets, counsels, procures or suborns another person to commit an offence against this Part shall be liable to be proceeded against, indicted, tried and punished as if he were a principal offender.

Any person who incites or attempts to procure or suborn another person to commit an offence against this Part shall be guilty of an offence punishable upon indictment.

In an indictment—

it is sufficient to set forth the substance of the offence charged and before which court or person (if any) the offence was committed, without setting forth the proceedings or any part of the proceedings in the course of which the offence was committed, and without setting forth the authority of any court or person before whom the offence was committed.

In an indictment for aiding, abetting, counselling, procuring or suborning any other person to commit any offence mentioned in subsection (1), or for conspiring with any other person, or for inciting or attempting to procure or suborn any other person, to commit any such offence, it is sufficient—

Where the making of a false statement is not only an offence under this Part but also by virtue of some other enactment is a corrupt practice or corrupt conduct or subjects the offender to any forfeiture or disqualification or to any penalty other than imprisonment or fine, the liability of the offender under this Part shall be in addition to and not in substitution for his liability under such other enactment. (Amended 10 of 2000 s. 47)

Where the making of a false statement is made punishable by any other enactment proceedings may be taken either under such other enactment or under this Part.

Any man who has sexual intercourse with a woman, who is to his knowledge his granddaughter, daughter, sister or mother, shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for 14 years: Provided that if, on an indictment for any such offence, it is alleged in the indictment and proved— (a)that the woman is under the age of 16 years but is of or above the age of 13 years, he shall be liable to imprisonment for 20 years; (b)that the woman is under the age of 13 years, the same punishment may be imposed as may be imposed under section 123. (Amended 5 of 1924 Schedule; 33 of 1939; G.N. 840 of 1940 Supp. Schedule)

It is immaterial that the sexual intercourse was had with the consent of the woman.

Any man who attempts to commit any such offence as aforesaid, or who incites a girl under the age of 16 years, who is to his knowledge his granddaughter, daughter or sister, to have sexual intercourse with him, shall be guilty of an offence triable summarily or upon indictment and shall be liable on conviction to imprisonment for 10 years. (Amended 5 of 1924 Schedule; 22 of 1950 s. 3)

On the conviction before any court of any man of an offence under this section, or of an attempt to commit the same, against any woman under 21 years of age, or of inciting a woman under that age, who is to his knowledge his granddaughter, daughter or sister, to have sexual intercourse with him, it shall be in the power of the court to divest the offender of all authority over such female, and if the offender is the guardian of such woman, to remove the offender from such guardianship, and in any such case to appoint any person or persons to be the guardian or guardians of such woman during her minority or any less period: Provided that the Court of First Instance may at any time vary or rescind the order by the appointment of any other person as such guardian, or in any other respect. (Amended 25 of 1998 s. 2)

The use in any provision of this Part of the word “man” without the addition of the word “boy” shall not prevent the provision applying to any person to whom it would have applied if both words had been used, and similarly with the words “woman” and “girl”. (Added 1 of 1978 s. 4)

[cf. 1908 c. 45 s. 3 U.K.]

If on the trial of any indictment for rape the jury are satisfied that the defendant is guilty of an offence under this Part but are not satisfied that the defendant is guilty of rape, the jury may acquit the defendant of rape and find him guilty of an offence under this Part, and he shall be liable to be punished accordingly.

If on the trial of any indictment for an offence under this Part the jury are satisfied that the defendant is guilty of any offence under section 123, 124 or 125, but are not satisfied that the defendant is guilty of an offence under this Part, the jury may acquit the defendant of an offence under this Part and find him guilty of an offence under section 123, 124 or 125, as the case may be, and he shall be liable to be punished accordingly. (Amended 5 of 1924 Schedule; 1 of 1978 s. 5)

(3 of 1916 s. 5 incorporated)

[cf. 1908 c. 45 s. 4 U.K.]

Any person who makes an explosive substance or, whether or not he knows it to be an explosive substance, knowingly has in his possession or custody or under his control anything which is an explosive substance shall, unless he can show that he made it or has it in his possession or custody or under his control for a lawful object, be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for 14 years, and the explosive substance shall be forfeited.

Where in any prosecution for an offence under subsection (1) it is proved that the accused knowingly had in his possession or custody or under his control anything whatsoever, other than premises, containing any explosive substance, then, unless the accused can show that he had reasonable grounds for believing that the thing did not contain anything or contained only something other than an explosive substance, he shall be presumed knowingly to have had in his possession or custody or under his control the explosive substance contained in that thing.

No prosecution for an offence under subsection (1) shall be instituted without the consent of the Secretary for Justice. (Amended L.N. 362 of 1997)

Any person who, not being authorized for the purpose under this section, knowingly has in his possession or custody or under his control any unmarked plastic explosive commits an offence and is liable to imprisonment for 14 years.

The Government Chemist or any member of the Chinese People’s Liberation Army or police officer designated for the purpose of this subsection by the Commander of the Hong Kong Garrison or the Commissioner of Police respectively are authorized to have possession or custody of unmarked plastic explosive, or to have such explosive under their control, if they do so— (Amended 2 of 2012 s. 3)

Subsection (1) is subject to section 58F.

Any person who transfers possession, custody or control of any unmarked plastic explosive to any person, other than a person authorized under section 58B to have such possession or custody or to have such explosive under his control, commits an offence and is liable to imprisonment for 14 years.

It shall be a defence to a charge under subsection (1) that the person transferring possession, custody or control of the unmarked plastic explosive believed on reasonable grounds that the other person was a person authorized under section 58B to have such possession or custody or to have such explosive under his control.

Any person who imports into or exports from Hong Kong any unmarked plastic explosive commits an offence and is liable to imprisonment for 14 years.

This section shall not apply to—

Where a person is convicted of an offence under this Part, any unmarked plastic explosive seized in connection with the offence shall become forfeited.

Any unmarked plastic explosive not lawfully in the possession, custody or control of any person may be seized by the Commissioner of Police and shall upon such seizure become forfeited.

Any unmarked plastic explosive forfeited under or by virtue of this section shall, as soon as reasonably practicable after such forfeiture, unless required by the Commander of the Hong Kong Garrison or the Commissioner of Police for a use or purpose specified in section 58B(2)(b)(i) to (iii), be destroyed by the Commissioner of Police. (Amended 2 of 2012 s. 3)

In this Part—

Subject to subsection (3), a plastic explosive shall not be regarded as marked with a designated detection agent for the purpose of this Part unless the detection agent was introduced at the time of manufacture—

An explosive which, as a result of its normal formulation, contains any designated detection agent at or above the minimum concentration specified in subsection (4) for that detection agent shall be deemed to be marked.

The substances designated for use as a detection agent, and the minimum concentration for each such detection agent, are—

The Secretary for Security may by order published in the Gazette—

Property shall be treated for the purposes of this Part as belonging to any person—

Where property is subject to a trust, the persons to whom it belongs shall be so treated as including any person having a right to enforce the trust.

Property of a corporation sole shall be so treated as belonging to the corporation notwithstanding a vacancy in the corporation.

A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.

A person who without lawful excuse destroys or damages any property, whether belonging to himself or another—

shall be guilty of an offence.

An offence committed under this section by destroying or damaging property by fire shall be charged as arson.

A person guilty of arson under section 60 or of an offence under section 60(2) (whether arson or not) shall be liable on conviction upon indictment to imprisonment for life.

A person guilty of any other offence under this Part shall be liable on conviction upon indictment to imprisonment for 10 years.

This section applies to any offence under section 60(1) and any offence under section 61 or 62 other than one involving a threat by the person charged to destroy or damage property in a way which he knows is likely to endanger the life of another or involving an intent by the person charged to use or cause or permit the use of something in his custody or under his control so to destroy or damage property.

A person charged with an offence to which this section applies shall, whether or not he would be treated for the purposes of this Part as having a lawful excuse apart from this subsection, be treated for those purposes as having a lawful excuse—

For the purpose of this section, it is immaterial whether a belief is justified or not if it is honestly held.

For the purposes of subsection (2), a right or interest in property includes any right or privilege in or over land, whether created by grant, licence or otherwise.

This section shall not be construed as casting doubt on any defence recognized by law as a defence to criminal charges.

If it is made to appear by information on oath before a magistrate that there is reasonable cause to believe that any person has in his custody or under his control or on his premises anything which there is reasonable cause to believe has been used or is intended for use without lawful excuse—

the magistrate may grant a warrant authorizing a police officer not below the rank of inspector, together with any other police officers, to search for and seize that thing.

Any police officer who is authorized under this section to search premises for anything, may enter (if need be by force) and search the premises accordingly and may seize anything which he believes to have been used or to be intended to be used as aforesaid.

Section 102 of the Criminal Procedure Ordinance (Cap. 221) (which makes provision for the disposal of property connected with offences) shall apply to property which has come into the possession of the police under this section as it applies to property which has come into the possession of the police in the circumstances mentioned in that section.

In this Part, unless the context otherwise requires— (Added 89 of 1993 s. 31)

Subject to subsections (2) and (4), an act or omission intended to be induced is to a person’s prejudice if, and only if, it is one which, if it occurs, will—

For the purpose of this section, an act which a person has an enforceable duty to do and an omission to do an act which a person is not entitled to do shall be disregarded.

References in this Part to inducing somebody to accept a false instrument as genuine, or a copy of a false instrument as a copy of a genuine one, include references to inducing a machine to respond to an instrument or copy as if it were a genuine instrument, or, as the case may be, a copy of a genuine one.

Where subsection (3) applies, the act or omission intended to be induced by the machine responding to the instrument or copy shall be treated as an act or omission to a person’s prejudice.

A person who has in his custody or under his control an instrument which is, and which he knows or believes to be, false, with the intention that he or another shall use it to induce somebody to accept it as genuine, and by reason of so accepting it to do or not to do some act to his own or any other person’s prejudice, commits an offence and is liable on conviction on indictment to imprisonment for 14 years.

A person who, without lawful authority or excuse, has in his custody or under his control an instrument which is, and which he knows or believes to be, false, commits an offence and is liable on conviction on indictment to imprisonment for 3 years.

A person who makes or has in his custody or under his control a machine or implement, or any paper or other material, which to his knowledge is or has been specially designed or adapted for the making of any instrument, with the intention that he or another shall make a false instrument and that he or another shall use that false instrument to induce somebody to accept it as genuine, and by reason of so accepting it to do or not to do some act to his own or any other person’s prejudice, commits an offence and is liable on conviction on indictment to imprisonment for 14 years.

A person who, without lawful authority or excuse, makes or has in his custody or under his control a machine or implement, or any paper or other material, which to his knowledge is or has been specially designed or adapted for the making of any false instrument, commits an offence and is liable on conviction on indictment to imprisonment for 3 years.

If it appears to a magistrate, from information given him on oath, that there is reasonable cause to believe that a person has in his custody or under his control—

the magistrate may issue a warrant authorizing a police officer, customs officer or immigration officer to search for and seize that thing, instrument or copy, and for that purpose to enter any premises specified in the warrant.

A police officer, customs officer or immigration officer, at any time after seizing an object suspected of being a thing, instrument or copy to which subsection (1) applies (whether or not the seizure was effected by virtue of a warrant under that subsection) may apply to a magistrate for an order under this subsection with respect to that object, and the magistrate, if satisfied that—

may, subject to subsection (4), make such order as he thinks fit for the forfeiture of the object and its subsequent destruction or disposal.

Subject to subsection (4), the court by or before which a person is convicted of an offence under this Part may order any object which it is satisfied relates to the commission of the offence to be forfeited and either destroyed or dealt with in such other manner as the court may direct.

If any person claiming to be the owner of or otherwise interested in any object liable to be forfeited under subsection (2) or (3) applies to be heard by a court or magistrate, as the case may be, the court or magistrate shall not order the object to be forfeited unless an opportunity has been given to that person to show cause why the order should not be made.

Any person who, with intent to defraud— (Amended 23 of 1993 s. 4)

shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for life.

Whenever any person is convicted of an offence under section 84, the court or magistrate, in addition to or in lieu of any of the punishments authorized by this Part, may fine the offender, and may require him to enter into his own recognizances, and to find sureties, both or either, for keeping the peace and being of good behaviour.

In all cases of any other offences other than an offence under section 90, the court or magistrate may require the offender to enter into his own recognizances, and to find sureties, both or either, for keeping the peace in addition to any of the punishments authorized by this Part.

No person shall be imprisoned under this section for more than 1 year for not finding sureties.

For the purpose of this Part—

References in this Part to passing or tendering a counterfeit of a currency note or of a protected coin are not to be construed as confined to passing or tendering it as legal tender.

A person who makes a counterfeit of a currency note or protected coin, intending that he or another shall pass or tender it as genuine, commits an offence and is liable on conviction on indictment to imprisonment for 14 years.

A person who makes a counterfeit of a currency note or protected coin, without lawful authority or excuse, commits an offence and is liable on conviction on indictment to imprisonment for 3 years.

A person who—

commits an offence and is liable on conviction on indictment to imprisonment for 14 years.

A person who delivers to another, without lawful authority or excuse, any thing which is, and which he knows or believes to be, a counterfeit of a currency note or of a protected coin, commits an offence and is liable on conviction on indictment to imprisonment for 3 years.

A person who has in his custody or under his control any thing which is, and which he knows or believes to be, a counterfeit of a currency note or of a protected coin, intending either to pass or tender it as genuine or to deliver it to another with the intention that he or another shall pass or tender it as genuine, commits an offence and is liable on conviction on indictment to imprisonment for 14 years.

A person who has in his custody or under his control, without lawful authority or excuse, any thing which is, and which he knows or believes to be, a counterfeit of a currency note or of a protected coin, commits an offence and is liable on conviction on indictment to imprisonment for 3 years.

For the purposes of this section it is immaterial that a coin or note is not in a fit state to be passed or tendered or that the making or counterfeiting of a coin or note has not been finished or perfected.

A person who makes, or has in his custody or under his control, any thing which he intends to use or permit any other person to use for the purpose of making a counterfeit of a currency note or of a protected coin with the intention that it be passed or tendered as genuine, commits an offence and is liable on conviction on indictment to imprisonment for 14 years.

A person who, without lawful authority or excuse, makes, or has in his custody or under his control, any thing which, to his knowledge, is or has been specially designed or adapted for the making of a counterfeit of a currency note, commits an offence and is liable on conviction on indictment to imprisonment for 3 years.

Subject to subsection (4), a person who makes, or has in his custody or under his control, any implement which, to his knowledge, is capable of imparting to any thing a resemblance to the whole or part—

commits an offence and is liable on conviction on indictment to imprisonment for 3 years.

It shall be a defence for a person charged under subsection (3) to show that he—

A person who, without the consent in writing of the Monetary Authority, reproduces on any substance whatsoever, and whether or not to the correct scale, any Hong Kong currency note or any part of a Hong Kong currency note, commits an offence and is liable on summary conviction to imprisonment for 6 months and a fine at level 4. (Amended 82 of 1992 s. 29; E.R. 4 of 2021)

A person who, in connection with a scheme intended to promote the sale of any product or with the making of contracts for the supply of any service, and without the previous consent in writing of the Monetary Authority to the sale or distribution of imitation Hong Kong coins in connection with that scheme— (Amended 82 of 1992 s. 30)

commits an offence and is liable on summary conviction to imprisonment for 6 months and a fine at level 4. (Amended E.R. 4 of 2021)

In this section—

If it appears to a magistrate, from information given him on oath, that there is reasonable cause to believe that a person has in his custody or under his control any thing which—

the magistrate may issue a warrant authorizing a police officer, customs officer or immigration officer to search for and seize that thing, and for that purpose to enter any premises specified in the warrant.

A police officer, customs officer or immigration officer, at any time after seizing an object suspected of being a thing to which subsection (1) applies (whether or not the seizure was effected by virtue of a warrant under that subsection) may apply to a magistrate for an order under this subsection with respect to that object and the magistrate, if satisfied that—

may, subject to subsection (4), make such order as he thinks fit for the forfeiture of the thing and its subsequent destruction or disposal.

Subject to subsection (4), the court by or before which a person is convicted of an offence under this Part may order any object which it is satisfied relates to the commission of the offence to be forfeited and either destroyed or dealt with in such other manner as the court may direct.

If any person claiming to be the owner of or otherwise interested in any object liable to be forfeited under subsection (2) or (3) applies to be heard by a court or magistrate, as the case may be, the court or magistrate shall not order the object to be forfeited unless an opportunity has been given to that person to show cause why the order should not be made.

In this Part, unless the context otherwise requires—

For the purposes of this Part a person does an unlawful sexual act if, and only if, that person—

The use in any provision of this Part of the word “man” without the addition of the word “boy”, or vice versa, shall not prevent the provision applying to any person to whom it would have applied if both words had been used, and similarly with the words “woman” and “girl”.

Premises, vessel or any place shall not be treated as a vice establishment for the purposes of this Part unless—

A man who rapes a woman shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for life. [cf. 1956 c. 69 s. 1 U.K.]

A man who induces a married woman to have sexual intercourse with him by impersonating her husband commits rape.

A man commits rape if—

It is hereby declared that if at a trial for a rape offence the jury has to consider whether a man believed that a woman was consenting to sexual intercourse, the presence or absence of reasonable grounds for such a belief is a matter to which the jury is to have regard, in conjunction with any other relevant matters, in considering whether he so believed. (Added 25 of 1978 s. 3) [cf. 1976 c. 82 s. 1(2) U.K.]

In relation to such a trial as is mentioned in subsection (4) which is a trial in the District Court or a summary trial before a magistrate or in a juvenile court, references to the jury in that subsection shall be construed as references to the District Court, the magistrate or the juvenile court, as the case may be. (Added 25 of 1978 s. 3) [cf. 1976 c. 82 s. 7(3) U.K.]

Subject to subsections (2) and (3), a man who commits buggery with a mentally incapacitated person shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 10 years.

A man who commits buggery with another person is not guilty of an offence under this section if he does not know and has no reason to suspect the other to be a mentally incapacitated person.

A man who commits buggery with a woman is not guilty of an offence under this section if he is, or believes on reasonable grounds that he is, married to that woman.

Subject to subsection (2), a man who commits an act of gross indecency with another man who is a mentally incapacitated person shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 2 years.

A man who commits an act of gross indecency with another man is not guilty of an offence under this section if he does not know and has no reason to suspect the other to be a mentally incapacitated person.

A man who commits an act of gross indecency with another man otherwise than in private shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 2 years.

An act which would otherwise be treated for the purposes of this section as being done in private shall not be so treated if done—

No person shall be prosecuted for an offence—

committed before the commencement of the Crimes (Amendment) Ordinance 1991 (90 of 1991) except in respect of an act that would have been an offence had the Crimes (Amendment) Ordinance 1991 (90 of 1991) been in operation at the time of the act.

In this section, a reference to a former section is a reference to a section repealed by the Crimes (Amendment) Ordinance 1991 (90 of 1991).

The presumption of law that a boy under the age of 14 is incapable of sexual intercourse, buggery or bestiality is abolished.

Subsection (1) does not apply in relation to any act done before the commencement date of this section.

For the purposes of subsection (2), if an act is alleged to have been done between 2 dates, one before and one after the commencement date of this section, the act is alleged to have been done before that commencement date.

A person who procures another person, by threats or intimidation, to do an unlawful sexual act in Hong Kong or elsewhere shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 14 years. (Amended 90 of 1991 s. 4)

(Repealed 43 of 2000 s. 3)

A person who procures another person, by false pretences or false representations, to do an unlawful sexual act in Hong Kong or elsewhere shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 5 years. (Amended 90 of 1991 s. 5)

(Repealed 43 of 2000 s. 3)

A person who applies or administers to, or causes to be taken by, another person any drug, matter or thing with intent to stupefy or overpower that other person so as thereby to enable anyone to do an unlawful sexual act with that other person shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 14 years. (Amended 90 of 1991 s. 6)

(Repealed 43 of 2000 s. 3)

Subject to subsection (3), a person who indecently assaults another person shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 10 years.

A person under the age of 16 cannot in law give any consent which would prevent an act being an assault for the purposes of this section.

A person is not, by virtue of subsection (2), guilty of indecently assaulting another person, if that person is, or believes on reasonable grounds that he or she is, married to that other person. (Replaced 90 of 1991 s. 7)

A woman who is a mentally incapacitated person cannot in law give any consent which would prevent an act being an assault for the purposes of this section, but a person is only to be treated as guilty of indecently assaulting a mentally incapacitated person by reason of that incapacity to consent, if that person knew or had reason to suspect her to be a mentally incapacitated person. (Amended 81 of 1997 s. 59)

Subject to subsection (2), a man who has unlawful sexual intercourse with a girl under the age of 16 shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 5 years.

Where a marriage is invalid under section 27(2) of the Marriage Ordinance (Cap. 181) by reason of the wife being under the age of 16, the invalidity shall not make the husband guilty of an offence under this section because he has sexual intercourse with her, if he believes her to be his wife and has reasonable cause for the belief.

Subject to subsection (2), a man who has unlawful sexual intercourse with a woman who is a mentally incapacitated person shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 10 years. (Amended 68 of 1995 s. 49)

A man is not guilty of an offence under this section because he has unlawful sexual intercourse with a woman if he does not know and has no reason to suspect her to be a mentally incapacitated person.

A person who, without lawful authority or excuse, takes an unmarried girl under the age of 16 out of the possession of her parent or guardian against the will of the parent or guardian shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 10 years.

A person who takes an unmarried girl under the age of 18 out of the possession of her parent or guardian against the will of the parent or guardian with the intention that she shall have unlawful sexual intercourse with men or with a particular man shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 7 years.

Subject to subsection (2), a person who takes a mentally incapacitated person out of the possession of her or his parent or guardian against the will of the parent or guardian with the intention that the mentally incapacitated person shall do an unlawful sexual act shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 10 years. (Amended 31 of 1997 s. 6)

A person who takes another out of the possession of a parent or guardian is not guilty of an offence under this section if that person does not know and has no reason to suspect the other to be a mentally incapacitated person.

A person who takes part in bringing another person into, or taking another person out of, Hong Kong for the purpose of prostitution shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 10 years.

It shall not be a defence to a charge under this section to prove that the other person consented to being brought into or taken out of Hong Kong whether or not she or he knew it was for the purpose of prostitution or that she or he received any advantage therefor.

A person who—

shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 14 years. (Replaced 90 of 1991 s. 10)

(Repealed 43 of 2000 s. 3)

A person who—

shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 10 years.

(Repealed 43 of 2000 s. 3)

A person who procures a girl under the age of 21 to have unlawful sexual intercourse in Hong Kong or elsewhere with a third person shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 5 years.

(Repealed 43 of 2000 s. 3)

Subject to subsection (2), a person who procures a woman who is a mentally incapacitated person to have unlawful sexual intercourse in Hong Kong or elsewhere with a third person shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 10 years. (Amended 31 of 1997 s. 9)

A person shall not be guilty of an offence under this section because he procures a mentally incapacitated person to have unlawful sexual intercourse, if he does not know and has no reason to suspect her to be a mentally incapacitated person.

(Repealed 43 of 2000 s. 3)

A person who in any manner or by any means detains another person against her or his will—

shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 14 years.

Where a person is on any premises or vessel for the purpose of doing an unlawful sexual act or is on any premises or vessel, or in any place, kept as a vice establishment, another person shall be deemed for the purposes of subsection (1) to detain that person there if, with the intention of compelling or inducing that person to remain there, the other person—

A person shall not be liable to any legal proceedings, whether civil or criminal, for taking away or being found in possession of any clothes she or he needed to enable her or him to leave premises or a vessel on which she or he was being detained for the purpose of doing an unlawful sexual act or to leave any premises, vessel or place kept as a vice establishment.

A person who causes or encourages the prostitution of or an unlawful sexual act with a girl or boy under the age of 16 for whom that person is responsible shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 10 years. (Replaced 90 of 1991 s. 13. Amended 31 of 1997 s. 10)

Where a girl or boy is a prostitute or has done an unlawful sexual act, a person shall be deemed for the purposes of this section to have caused or encouraged the same if that person knowingly allowed the girl or boy to consort with, or to enter or continue in the employment of, any prostitute or person of known immoral character. (Replaced 90 of 1991 s. 13)

Subject to subsection (4), the persons who for the purposes of this section are to be treated as responsible for a girl or boy are—

Subject to subsection (2), a person who causes or encourages the prostitution in Hong Kong or elsewhere of a mentally incapacitated person shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 10 years. (Amended 90 of 1991 s. 14)

A person who causes or encourages the prostitution of another is not guilty of an offence under this section if that person does not know and has no reason to suspect the other to be a mentally incapacitated person. (Replaced 90 of 1991 s. 14)

A person who knowingly lives wholly or in part on the earnings of prostitution of another shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 10 years.

For the purposes of subsection (1), a person who lives with or is habitually in the company of a prostitute, or who exercises control, direction or influence over another person’s movements in a way which shows he or she is aiding, abetting or compelling that other person’s prostitution with others, shall be presumed to be knowingly living on the earnings of prostitution, unless he or she proves the contrary.

Any person who uses, procures or offers another person who is under the age of 18 for making pornography, or for a live pornographic performance, in which that other person is or is to be pornographically depicted, commits an offence and is liable on conviction on indictment—

It is a defence to a charge of using or procuring a person of the age of 16 or above but under 18 for making pornography for the defendant to establish that—

It is a defence to a charge of using or procuring a person of the age of 16 or above but under 18 for a live pornographic performance for the defendant to establish that—

For the purposes of this section, to depict a person pornographically means—

but, for the avoidance of doubt, a depiction for a genuine family purpose does not, merely because it depicts any part of the body referred to in paragraph (b), fall within that paragraph.

In this section—

A person who on any occasion— (Amended 69 of 1990 s. 3)

shall be guilty of an offence and shall be liable—

Where—

section 145A applies. (Added 69 of 1990 s. 3)

Subject to subsection (2), an owner or occupier of any premises or vessel, and any person who manages or assists in the management or control of any premises or vessel, who induces or knowingly suffers—

shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 10 years.

A person who induces or knowingly suffers another to resort to or be on any premises or vessel is not guilty of an offence under this section if that person does not know and has no reason to suspect the other to be a mentally incapacitated person.

A person who, being the owner or tenant of any premises or his agent— (Amended 69 of 1990 s. 3)

shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 7 years.

Where—

section 145A applies. (Added 69 of 1990 s. 3)

A person who— (Amended 69 of 1990 s. 3)

shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 7 years.

Where—

section 145A applies. (Added 69 of 1990 s. 3)

A person who— (Amended 69 of 1990 s. 3)

shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 7 years.

Where—

section 145A applies. (Added 69 of 1990 s. 3)

Where a charge under section 139, 143, 144 or 145 is preferred against a person or is withdrawn, the Commissioner of Police shall as soon as reasonably practicable send to the appropriate person a notice in writing stating that fact and the date on which it occurred and setting out the specified information.

Where a person is acquitted or convicted by a court or magistrate of, or successfully appeals against a conviction for, an offence under section 139, 143, 144 or 145, the court or magistrate or the appellate court (as the case may be) shall as soon as reasonably practicable send a notice in writing to the appropriate person stating that fact and the date on which it occurred and setting out the specified information.

In this section—

Subject to subsection (3), a person who commits an act of gross indecency with or towards a child under the age of 16, or who incites a child under the age of 16 to commit such an act with or towards him or her or another, shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 10 years. (Amended 90 of 1991 s. 20; 31 of 1997 s. 16)

It shall not be a defence to a charge under this section to prove that the child consented to the act of gross indecency.

A person who commits an act of gross indecency with or towards a child or who incites a child to commit such an act with or towards him or her is not guilty of an offence under this section if that person is, or believes on reasonable grounds that he or she is, married to the child. (Added 90 of 1991 s. 20)

A person who in a public place or in view of the public—

shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and to imprisonment for 6 months. (Amended 69 of 1990 s. 5; E.R. 4 of 2021)

Any person who publicly displays, or causes or permits the public display of, a sign that advertises, or may reasonably be understood to advertise, the services of a prostitute or of a person who organizes or arranges prostitution shall be guilty of an offence and shall be liable on conviction to imprisonment for 12 months. (Amended 31 of 1997 s. 17)

Where a sign displayed in contravention of subsection (1) advertises, or may reasonably be understood to advertise, that the services of a prostitute or of a person who organizes or arranges prostitution are available at a place, any person who keeps, or manages or is otherwise in charge or control of, that place shall, until the contrary is proved, be presumed to have caused the display of the sign.

For the purposes of this section—

Without prejudice to section 152 or 153, 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 in writing authorize any other police officer to cause the sign to be taken away or effaced.

A police officer authorizing another police officer under subsection (1) to cause a sign to be taken away may in writing authorize him to cause any structure supporting the sign to be taken away and, where he does so, a reference in this section or in section 147C, 147D, 147E or 147F to a sign shall include a reference to the supporting structure.

A police officer authorized under subsection (1), and any person whose assistance he may require, may take such measures as are necessary in order to take away or efface the sign, as the case may be, but may enter any premises or place by virtue of this subsection only under a warrant issued under subsection (4).

A magistrate may, if satisfied by information on oath that—

issue a warrant authorizing a police officer, and any person whose assistance that officer may require, to enter such premises or place, by force if necessary.

Where a sign is taken away under subsection (3), the Commissioner of Police—

Where a sign is sold under subsection (5)(c) the sale proceeds shall be paid into the general revenue.

Where a sign has been taken away under section 147B, a person claiming to be the owner of the sign or to be entitled to possession of the sign may, within one month after the removal, apply to a magistrate for an order that the Commissioner of Police give possession of the sign to him.

Upon receipt of an application under this section, the magistrate shall—

A magistrate may order the Commissioner of Police to give possession of the sign to the applicant if, after hearing an application under this section and any representations made by or on behalf of the Commissioner of Police, the magistrate is satisfied that—

Where expense is incurred—

a court or magistrate may, on the conviction of any person for an offence under section 147A in respect of that sign, order that person to pay to the person who incurred the expense such amount in respect of the expense as it or he thinks reasonable.

A court may enforce payment of any amount ordered to be paid under subsection (1) in the same manner as if it were a judgment debt.

A person who, without lawful authority or excuse, in any public place or in view of the public indecently exposes any part of his body shall be guilty of an offence and shall be liable on conviction to a fine at level 1 and to imprisonment for 6 months. (Amended E.R. 4 of 2021)

A person under the age of 12 shall not be guilty of an offence under subsection (1) by reason only of his bathing unclothed.

If on the trial of a charge for an offence specified in the second column of Schedule 1 the accused is acquitted, but it is proved that the accused is guilty of any offence specified opposite thereto in the third column of Schedule 1 or of being party to any such offence, he shall be convicted of such offence or of being a party to any such offence and shall be liable to be punished accordingly. (Amended 31 of 2003 s. 15)

Nothing in this section shall exclude the application to any offence of any other law authorizing a court to find a person guilty of an offence other than that with which he is charged.

If a police officer of the rank of superintendent or above has reason to suspect that an offence under this Part has been or is being committed in or in respect of or in connexion with any premises or place or any vessel, he may in writing authorize any police officer for the purposes of this section.

A police officer authorized under subsection (1) for the purposes of this section, and any other police officer assisting him may—

No person shall be searched under subsection (2) except by a person of the same sex.

Without prejudice to section 152, if a police officer reasonably suspects that any premises, vessel or place is being kept as a vice establishment, he may seize and detain anything found in such premises, vessel or place, or on any person found in such premises, vessel or place, which appears to him to have been used in or for or in connexion with the commission of an offence under section 139.

If, in any proceedings for an offence under section 139, 143 or 144 or otherwise on application by or on behalf of the Commissioner of Police, a court or magistrate is satisfied that anything in the possession of the court or magistrate or the police, not being immovable property, has been used in or for or in connexion with the commission of an offence under section 139, the court or magistrate may order that it be forfeited to the Government, whether or not any person has been convicted of an offence under section 139. (Amended 13 of 1999 s. 3)

Where—

this section applies to the premises or place referred to in paragraph (a).

Where this section applies to any premises or place the court or magistrate shall—

For the purposes of subsection (1), where—

is convicted of an offence in respect of part of those premises, the conviction shall be treated as relating only to that part of those premises.

A notice complying with this subsection shall—

For the purposes of subsection (1)(b)(ii), a certificate purporting to be signed by a public officer who states in that certificate that he affixed a notice in accordance with that subsection shall be evidence of the facts stated in the certificate relating to that affixing.

A closure order shall—

A court or magistrate making a closure order in respect of any premises—

A bailiff by whom a warrant issued under this section is executed in respect of any premises, and any person whose assistance may be necessary, may—

Where a closure order has been made in respect of any premises or place, any person to whom this section applies may, in accordance with section 153L, apply in writing for the closure order to be rescinded.

This section applies to any person who became a bona fide purchaser, mortgagee or chargee for valuable consideration of an interest in the premises or place—

An application under this section shall state the name, address and business or occupation of the applicant and, where the applicant is an individual, be accompanied by a copy of a document which is proof of his identity for the purposes of Part IVA of the Immigration Ordinance (Cap. 115).

Upon receipt of an application under this section the court or magistrate shall—

A court or magistrate—

may rescind the closure order.

A court or magistrate that rescinds a closure order under subsection (5) shall, as soon as reasonably practicable, send to the Land Registrar and to the Commissioner of Police a notice in writing, sealed with the seal of the court or signed by the magistrate, stating that fact. (Amended 8 of 1993 s. 3)

Where—

this section applies to that vessel.

Where this section applies to any vessel the court or magistrate shall—

A notice complying with this section shall—

For the purposes of subsection (1)(b)(ii) and section 153E, a notice is duly served on the owner of a vessel if—

Where a court or magistrate declares that a vessel is liable to forfeiture under section 153D(2), the Commissioner may seize and detain the vessel or (if the vessel is already in his custody) continue to detain the vessel, and if he does so he shall, within 2 weeks of the seizure or declaration (whichever is the later), serve notice of the declaration on the owner of the vessel.

Within 7 days after the service of a notice under subsection (1), notice of the declaration shall be published—

Where a notice has been served under subsection (1), any person who has a claim (in this section and section 153F referred to as the claimant) may within 30 days after—

give notice in writing to the Commissioner that he claims that the vessel should not be forfeited.

A notice under subsection (3) shall state an address within Hong Kong at which the claimant may be served in any proceedings relating to the forfeiture of the vessel and in any such proceedings a document addressed to the claimant and sent by post to, or delivered at, that address shall for the purposes of this section and section 153F be deemed to be duly served on the claimant.

The Commissioner may, at any time before the end of the appropriate period of time specified in subsection (3) for the giving of a notice of claim, terminate the seizure of the vessel by serving notice to that effect on the owner in accordance with section 153D(4), or in a similar manner on the person in possession of the vessel at the time it was seized; and within 14 days of so terminating the seizure of the vessel, the Commissioner shall release the vessel to the owner or to such person and publish notice of the termination of the seizure in the manner provided in subsection (2).

If, at the end of the appropriate period of time specified in subsection (3) for the giving of a notice of claim, no such notice has been given in writing to the Commissioner, the vessel shall be forfeited.

A person has a claim for the purposes of this section and section 153F if—

Where a notice of claim is given under section 153E(3) and the Commissioner does not terminate the seizure under section 153E(5), the Commissioner shall apply to a magistrate for the forfeiture of the vessel.

An application under subsection (1) is, for the purpose of section 8 of the Magistrates Ordinance (Cap. 227), a complaint.

When an application under subsection (1) is made to a magistrate, the magistrate shall issue a summons to any claimant requiring him to appear before a magistrate on the hearing of the application and shall cause a copy of the summons to be served on the Commissioner.

On the hearing of an application under subsection (1), the magistrate may order that the vessel—

On the hearing of an application made under subsection (1)—

The owner of any vessel forfeited under section 153E or his agent may within 6 weeks after the vessel was forfeited give notice in writing to the Commissioner of his intention to submit to the Chief Executive a moral claim in respect of the forfeited vessel.

Where the owner of a vessel or his agent has given notice under subsection (1) and has submitted a moral claim to the Chief Executive by lodging it with the Chief Secretary for Administration within 1 month from the date of that notice, the Chief Executive may— (Amended L.N. 362 of 1997)

Where a claim is referred to the Chief Executive in Council under subsection (2) he may—

A closure order or forfeiture order shall be enforced and a declaration under section 153D(2) shall remain in effect even if an appeal is pending in respect of a conviction upon which it is based.

A closure order shall be enforced even if an application has been made under section 153C for the order to be rescinded or under section 153I for the order to be suspended.

Where a person successfully appeals against a conviction upon which a closure order, a declaration under section 153D(2) or a forfeiture order is based, the appellate court shall rescind the order or declaration unless—

Where a court rescinds a closure order under subsection (3), it shall as soon as reasonably practicable send a notice in writing, sealed with the seal of the court, to the Land Registrar stating that fact. (Amended 8 of 1993 s. 3)

Where a court rescinds a declaration under subsection (3), it shall as soon as reasonably practicable send a notice in writing, sealed with the seal of the court, to the Director of Marine stating that fact.

Where a closure order has been made in respect of any premises, any person who is a mortgagee or chargee of the premises or who would, if the premises were not closed,—

may, in accordance with section 153L, apply in writing for the closure order to be suspended.

An application under this section shall state—

during the suspension of the closure order and, where the proposed occupier is an individual, be accompanied by a copy of a document which is proof of his identity for the purposes of Part IVA of the Immigration Ordinance (Cap. 115).

Upon receipt of an application under this section the court or magistrate shall—

A court or magistrate may—

make an order suspending the closure order for 2 years (but not for a shorter period).

A court or magistrate making a suspension order—

A court may enforce payment of any sum of money that is forfeited as a result of a breach of any condition attached to a suspension order in the same manner as if it were a judgment debt and any money recovered shall be paid into the general revenue.

Where a closure order is suspended and is not revived under section 153K, the order shall cease to have effect at the end of the 2-year period for which it was suspended.

A court or magistrate making a suspension order shall, as soon as reasonably practicable, send to the Land Registrar and to the Commissioner of Police a copy of the order, sealed with the seal of the court or signed by the magistrate. (Amended 8 of 1993 s. 3)

Any person specified in subsection (2) may, in accordance with section 153L, apply in writing for a variation of any condition attached to a suspension order and section 153I shall apply, with the necessary modifications, to such an application.

An application under subsection (1) may be made by—

Where a closure order has been suspended under section 153I, any police officer of or above the rank of chief inspector may, in accordance with section 153L, apply in writing for the closure order to be revived on the basis that a condition attached to the suspension order has been broken.

Upon receipt of an application made under subsection (1) the court or magistrate shall—

An application under this section is, for the purposes of section 8 of the Magistrates Ordinance (Cap. 227), a complaint, but—

On the hearing of an application under subsection (1), the court or magistrate may, if satisfied that a condition of the suspension order has been broken, make an order reviving the closure order.

Where a court or magistrate makes an order under subsection (4) reviving a closure order—

Where the Land Registrar receives a notice sent to him under section 145A, 153C(6) or 153H(4), or a copy of an order sent to him under section 153A(2), 153I(8) or 153K(5), he shall as soon as reasonably practicable,— (Amended 80 of 1997 s. 102)

A notice or copy of an order required to be sent to the Land Registrar under the provisions referred to in subsection (1) shall be deemed to be an instrument affecting land, but a failure to register such a notice or copy of an order shall not, save as is provided in section 153C, affect its validity as against any person. (Amended 8 of 1993 s. 3)

A memorial prepared under subsection (1) shall be regarded as complying with the Land Registration Ordinance (Cap. 128).

Any person who obstructs any person in the exercise of any function under section 153B(3) shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and to imprisonment for 6 months.

Subject to subsection (3), any person who without lawful authority or reasonable excuse—

shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and to imprisonment for 6 months.

Subsection (2) does not apply—

Where—

then the person or body shall be guilty of that offence.

Where any person or body of persons, whether corporate or unincorporate, commits any act outside Hong Kong that—

then the person or body shall be guilty of that offence.

Where a defendant is charged with an offence that is an offence by virtue of subsection (1) or (2) and involves a sexual act done by him with or to another person, it is a defence for the defendant to establish that—

Any person who makes arrangements, whether wholly or partly in Hong Kong, for himself or another person to commit any act in relation to a person under the age of 16 that would constitute an offence under any of the provisions specified in Schedule 2 if it were committed in Hong Kong, commits an offence and is liable on conviction on indictment to a fine of $3,000,000 and to imprisonment for 10 years.

Any person who publishes, distributes or publicly displays, or causes or permits the publication, distribution or public display of an advertisement for any arrangements referred to in subsection (1) commits an offence and is liable on conviction on indictment to a fine of $3,000,000 and to imprisonment for 10 years.

It is a defence to a charge under subsection (2) for the defendant to establish that he had not seen the advertisement and did not know, nor did he have any reasonable cause to suspect, it to be an advertisement mentioned in that subsection.

If at a trial before the Court of First Instance any person is for the time being charged with a rape offence or indecent assault to which he pleads not guilty (whether or not at the trial he, or any other person, is for the time being charged with an offence which is not a rape offence or indecent assault), then, except with the leave of the judge, no evidence and no question in cross-examination shall be adduced or asked at the trial, by or on behalf of any defendant at the trial, about any sexual experience of a complainant with a person other than that defendant. (Amended 32 of 1979 s. 2; 25 of 1998 s. 2)

The judge shall not give leave in pursuance of subsection (1) for any evidence or question except on an application made to him in the absence of the jury by or on behalf of a defendant; and on such an application the judge shall give leave if and only if he is satisfied that it would be unfair to that defendant to refuse to allow the evidence to be adduced or the question to be asked.

Nothing in this section authorizes evidence to be adduced or a question to be asked which cannot be adduced or asked apart from this section.

Where, on a hearing under Part III of the Magistrates Ordinance (Cap. 227), a magistrate inquires into a rape offence or indecent assault, then, except with the consent of the magistrate, evidence shall not be adduced and a question shall not be asked at the hearing which, if the hearing were a trial at which a person is charged with a rape offence or indecent assault and each of the accused at the hearing were charged at the trial with the offences of which he is accused at the hearing, could not be adduced or asked without leave in pursuance of section 154. (Amended 32 of 1979 s. 3)

On an application for consent in pursuance of subsection (1) for any evidence or question the magistrate shall—

Where a person charged with a rape offence or indecent assault is tried for that offence either in the District Court or summarily before a magistrate under Part V of the Magistrates Ordinance (Cap. 227) or in a juvenile court under the Juvenile Offenders Ordinance (Cap. 226) section 154 shall have effect in relation to the trial as if— (Amended 32 of 1979 s. 3)

Subject to subsection (9)(a), after an allegation is made that a specified sexual offence has been committed no matter likely to lead members of the public to identify any person as the complainant in relation to that allegation shall either be published in Hong Kong in a written publication available to the public or be broadcast in Hong Kong except as authorized by a direction given in pursuance of this section.

If, before the commencement of a trial at which a person is charged with a specified sexual offence, he or another person against whom the complainant may be expected to give evidence at the trial applies to a judge for a direction in pursuance of this subsection and satisfies the judge—

the judge shall direct that subsection (1) shall not, by virtue of the accusation alleging the offence aforesaid, apply in relation to the complainant.

If after the commencement of a trial at which a person is charged with a specified sexual offence a new trial of the person for that offence is ordered, the commencement of any previous trial at which he was charged with that offence shall be disregarded for the purposes of subsection (2). [cf. 1976 c. 82 s. 5(2) U.K.]

A direction that subsection (1) shall not apply in relation to such complaint or such matter as is specified in the direction may be given, where it is necessary for the purpose of seeking information which may lead to the arrest of a person responsible for an alleged specified sexual offence, or is for any other reason in the public interest—

and notice of any such direction shall be published in the Gazette. (Added 26 of 1980 s. 2)

If at a trial at which a person is charged with a specified sexual offence the judge or, as the case may be, the District Judge, magistrate or juvenile court, is satisfied that the effect of subsection (1) is to impose a substantial and unreasonable restriction upon the reporting of proceedings at the trial and that it is in the public interest to remove or relax the restriction, the judge or, as the case may be, the District Judge, magistrate or juvenile court, shall direct that subsection (1) shall not apply to such matter relating to the complainant as is specified in the direction; but a direction shall not be given in pursuance of this subsection by reason only of an acquittal of a defendant at the trial.

If a person who has been convicted of an offence and given notice of an appeal to the Court of Appeal against the conviction, or notice of an application for leave so to appeal, applies to the Court of Appeal for a direction in pursuance of this subsection and satisfies the Court—

the Court shall direct that subsection (1) shall not, by virtue of such allegation of a specified sexual offence as is specified in the direction, apply in relation to a complainant so specified.

Subsection (5) shall apply in relation to a conviction of an offence tried summarily as mentioned in section 155(3), and, in so applying for references to the Court of Appeal there shall be substituted references to a judge and the reference to notice of an application for leave to appeal shall be omitted. [cf. 1976 c. 82 s. 5(3) U.K.]

For the purposes of this section an allegation of a specified sexual offence is made if—

and references in this section to an allegation of a specified sexual offence shall be construed accordingly. (Replaced 26 of 1980 s. 2. Amended 25 of 1998 s. 2)

In this section—

Nothing in this section—

and a direction in pursuance of this section does not affect the operation of subsection (1) at any time before the direction is given.

If any matter is published or broadcast in contravention of section 156(1), the following persons, namely—

shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and to imprisonment for 6 months. (Amended E.R. 4 of 2021)

When an offence under subsection (1) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

Where the affairs of a body corporate are managed by its members subsection (2) shall apply in relation to the acts and defaults of a member in connexion with his functions of management as if he were a director of the body corporate.

Proceedings for an offence under subsection (1) (including such an offence which is alleged to have been committed by virtue of subsection (2), whether or not by virtue also of subsection (3) ) shall not be instituted except by or with the consent of the Secretary for Justice; and where a person is charged with such an offence it shall be a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication or broadcast in question was of such matter as is mentioned in section 156(1). (Amended L.N. 362 of 1997)

Sections 154 and 155 shall not have effect in relation to a trial or inquiry which begins before the coming into operation of the Crimes (Amendment) (No. 2) Ordinance 1978 (25 of 1978). (Added 25 of 1978 s. 4. Amended 32 of 1979 s. 4)

Sections 154 and 155 shall not have effect in relation to a trial or inquiry at which a person is charged with indecent assault which begins before the coming into operation of the Crimes (Amendment) Ordinance 1979 (32 of 1979). (Added 32 of 1979 s. 4)

[cf. 1976 c. 82 s. 7(5) U.K.]

Subject to the following provisions of this Part, if a person agrees with any other person or persons that a course of conduct shall be pursued which, if the agreement is carried out in accordance with their intentions, either—

he is guilty of conspiracy to commit the offence or offences in question.

Where liability for any offence may be incurred without knowledge on the part of the person committing it of any particular fact or circumstance necessary for the commission of the offence, a person shall nevertheless not be guilty of conspiracy to commit that offence by virtue of subsection (1) unless he and at least one other party to the agreement intend or know that that fact or circumstance shall or will exist at the time when the conduct constituting the offence is to take place.

A person shall not by virtue of section 159A be guilty of conspiracy to commit any offence if he is an intended victim of that offence.

A person shall not by virtue of section 159A be guilty of conspiracy to commit any offence or offences if the only other person or persons with whom he agrees are (both initially and at all times during the currency of the agreement) persons of any one or more of the following descriptions—

A person is under the age of criminal responsibility for the purposes of subsection (2)(b) so long as it is conclusively presumed, by virtue of section 3 of the Juvenile Offenders Ordinance (Cap. 226), that he cannot be guilty of any offence.

A person guilty of conspiracy to commit any offence or offences by virtue of section 159A shall be liable on conviction on indictment—

Subsection (1)(b) shall not be taken as prejudicing the application of section 113A of the Criminal Procedure Ordinance (Cap. 221) (power of court to fine) in a case falling within subsection (3) or (4).

Where the relevant offence or any of the relevant offences is an offence of any of the following descriptions—

the person convicted shall be liable to imprisonment for life.

Where in a case other than one to which subsection (3) applies the relevant offence or any of the relevant offences is punishable with imprisonment, the person convicted shall be liable to imprisonment for a term not exceeding the maximum term provided for that offence or (where more than one such offence is in question) for any one of those offences (taking the longer or the longest term as the limit for the purposes of this section where the terms provided differ).

A person guilty of conspiracy to commit any offence or offences by virtue of section 159A shall, where the relevant offence or any of the relevant offences is triable on indictment or summarily, be liable on summary conviction to any penalty to which he would have been liable on summary conviction of that relevant offence or any of the relevant offences.

A person convicted of the offence at common law of conspiracy to defraud shall be liable to imprisonment for 14 years.

Where any Ordinance confers a power of imposing pecuniary penalties or of forfeiture, seizure and search, or any powers and discretions to cancel, suspend or refuse to issue any licence, permit or other authorization, or imposes a duty which is to be exercised or performed consequent upon a conviction of a relevant offence or in relation to a person who is detained in custody for a relevant offence, then that power or duty shall be deemed to be also exercisable or performable consequent upon a conviction of a conspiracy to commit that relevant offence, but nothing in this subsection shall be deemed to authorize the imposition of any sentence of imprisonment otherwise than in default of payment of any pecuniary penalty which may be imposed by virtue of this subsection.

Where— (Amended 10 of 2005 s. 38)

proceedings under section 159A for conspiracy to commit that offence shall not be instituted against any person on the basis of that agreement.

Any prohibition imposed by any enactment on the institution of proceedings for any offence otherwise than by, or on behalf or with the consent of, the Secretary for Justice or any other person also applies in relation to proceedings instituted under section 159A for conspiracy to commit that offence. (Added 10 of 2005 s. 38)

Subject to the following provisions of this section, the offence of conspiracy at common law is abolished.

Subsection (1) shall not affect the offence of conspiracy at common law so far as relates to conspiracy to defraud.

If—

the fact that it will do so shall not preclude a charge of conspiracy to defraud being brought against any of them in respect of the agreement.

A person shall not be entitled to be acquitted of, or to have quashed his conviction for, the offence of conspiracy for the reason only that the only other person or persons with whom he is alleged, in the indictment or charge sheet, to have entered into that conspiracy are or have been acquitted.

Any rule of law or practice inconsistent with the provisions of subsection (4) is abolished.

The rules laid down by sections 159A and 159B shall apply for determining whether a person is guilty of an offence of conspiracy under any enactment other than section 159A, but conduct which is an offence under any such other enactment shall not also be an offence under section 159A.

Subsection (1) shall not affect—

A person who, intending to commit an offence to which this section applies, does an act that is more than merely preparatory to the commission of the offence is guilty of attempting to commit the offence.

A person may be guilty of attempting to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible.

Where a person is charged with an offence, he may be convicted of having attempted to commit that offence even though he was not charged with the attempt.

In any case where—

then, for the purposes of subsection (1), he shall be regarded as having had an intent to commit that offence.

This section applies to any offence which, if it were completed, would be triable in Hong Kong other than aiding, abetting, counselling or procuring the commission of an offence.

Any provision to which this section applies shall have effect with respect to an offence under section 159G of attempting to commit an offence as it has effect with respect to the offence attempted.

This section applies to provisions of any of the following descriptions made by or under any enactment (whenever passed)—

Subsections (2) to (5) shall have effect, subject to subsection (6) and to any inconsistent provision in any other enactment, for the purpose of determining whether a person is guilty of an attempt under a special statutory provision.

For the purposes of this Ordinance an attempt under a special statutory provision is an offence which—

A person is guilty of an attempt under a special statutory provision if, with intent to commit the relevant full offence, he does an act which is more than merely preparatory to the commission of that offence.

A person may be guilty of an attempt under a special statutory provision even though the facts are such that the commission of the relevant full offence is impossible.

In any case where—

then, for the purposes of subsection (3), he shall be regarded as having had an intent to commit that offence.

Subsections (2) to (5) shall not have effect in relation to an act done before the commencement of this Part.

A person guilty by virtue of section 159G of attempting to commit an offence shall—

Where, in proceedings against a person for an offence under section 159G, there is evidence sufficient in law to support a finding that he did an act falling within subsection (1) of that section, the question whether or not his act fell within that subsection is a question of fact.

Where, in proceedings against a person for an attempt under a special statutory provision, there is evidence sufficient in law to support a finding that he did an act falling within section 159I(3), the question whether or not his act fell within that subsection is a question of fact.

Any power conferred, discretion given, or duty imposed by virtue of section 159H(2)(e), (f), (g), (h), (i) or (j) which is to be exercised or performed consequent upon a conviction of an offence or in relation to a person who is detained in custody for an offence, then that power, discretion or duty shall be deemed to be also exercisable or performable consequent upon a conviction of an attempt to commit that offence, but nothing in this subsection shall be deemed to authorize the imposition of any sentence of imprisonment otherwise than in default of payment of any pecuniary penalty which may be imposed by virtue of this subsection.

The offence of attempt at common law is abolished for all purposes not relating to acts done before the commencement of this Part.

Except as regards offences committed before the commencement of this Part, references in any enactment passed before this Part which fall to be construed as references to the offence of attempt at common law shall be construed as references to the offence under section 159G.

A person who loiters in a public place or in the common parts of any building with intent to commit an arrestable offence commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months. (Replaced 74 of 1992 s. 3. Amended E.R. 4 of 2021)

Any person who loiters in a public place or in the common parts of any building and in any way wilfully obstructs any person using that place or the common parts of that building, shall be guilty of an offence and shall be liable on conviction to imprisonment for 6 months.

If any person loiters in a public place or in the common parts of any building and his presence there, either alone or with others, causes any person reasonably to be concerned for his safety or well-being, he shall be guilty of an offence and shall be liable on conviction to imprisonment for 2 years.

Any person who obtains access to a computer—

whether on the same occasion as he obtains such access or on any future occasion, commits an offence and is liable on conviction upon indictment to imprisonment for 5 years.