Incest, necrophilia and other sexual offence laws in Hong Kong need updating to ensure justice is not delayed

The rule of law is often described as one of Hong Kong’s biggest assets. But if the laws which govern our lives are to remain relevant and continue to have legitimacy, they must move with the times. Laws need to be reviewed and adapted to reflect changes in society and the rapid advance of technology. This is an area in which Hong Kong often lags behind other parts of the world. 

The release of the Law Reform Commission’s latest consultation paper on sex crimes is, therefore, welcome. The report on “miscellaneous sexual offences” deals with sensitive issues which are rarely discussed openly. They include incest, indecent exposure, voyeurism, bestiality and necrophilia. 

The consultation paper is the latest in a series of recommendations put forward by a subcommittee set up in 2006 with the gargantuan task of reviewing the city’s many different sexual offences. It began by considering establishing a sexual offenders register and then moved on to recommend the abolition of the presumption that a boy under 14 is incapable of sexual intercourse. Its recommendations on these issues were implemented in 2011 and 2012 respectively. 

The latest consultation paper is the third and final part of the subcommittee’s examination of sexual offences. The first tackled rape and related offences, the second dealt with crimes involving children and people who are mentally impaired. When the current public consultation on miscellaneous offences is completed, a final report will be prepared. It is to be hoped that the report will be taken seriously by the government and recommendations implemented. Far too often, the Law Reform Commission reports are left gathering dust rather than being swiftly acted on.