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Opinion
Sexual offences law review a chance to make clear what constitutes abuse
Reforms will provide greater clarity, update the city’s framework and give better protection to the most vulnerable
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Martin Hui SC is the current vice-chairman of the Hong Kong Bar Association, a former deputy director of public prosecutions of Hong Kong and a criminal litigator.
In recent years, Hong Kong society has repeatedly confronted the realities of sexual violence, sexual harassment and online sexual exploitation. Survivors’ experiences have made it clear that our sexual offences law is no longer adequate for the world we live in today.
Against this backdrop, the government has issued a consultation paper on improving the laws on sexual offences in Hong Kong. It aims to clarify and give a concrete definition to “consent” and to build a modern framework for non‑consensual sexual offences that reflects gender equality and contemporary understandings of sexual autonomy.
This requires recognising that both women and men can be victims of rape and other serious sexual offences, rejecting outdated notions that equate the absence of resistance with consent and focusing instead on free and voluntary agreement in the context of fear, coercion and power imbalances.
At the same time, it calls for strengthening protection for those who are particularly vulnerable – including children under 16, people with mental impairment, people of different sexual orientations and other marginalised groups – so harmful conduct is properly captured and those most at risk of exploitation or abuse receive effective and meaningful protection.
It is important to emphasise that this reform exercise is not a knee‑jerk response to recent headlines. The Law Reform Commission started work on sexual offences many years ago, setting up a sub‑committee in 2006 and issuing four consultation papers between 2012 and 2020 that invited detailed input from stakeholders and the public.
On the basis of that process, the commission published reports in 2019 and 2022, making a series of final recommendations which now form the backbone of the government’s proposals. What we see today is therefore the product of more than a decade of research by eminent jurists, comparative study and public engagement, rather than short‑term political or media pressure.
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