The government recently submitted a document to the Legislative Council outlining sweeping reforms, including expanding the definition of rape, introducing new offences to protect children and criminalising necrophilia.
At a Legco panel meeting on Tuesday, deputy security panel chairman Chan Hok-fung queried how the legislation would address cases where victims are deceived into sexual acts through claims of religious or fortune-improving rituals – especially when the act itself takes place outside Hong Kong.
Secretary for Security Chris Tang acknowledged that such cases have historically been “very difficult to prove” in court.
However, he confirmed that the proposed statutory definition of “consent” had been deliberately crafted to close this loophole.
The proposal outlines 11 specific circumstances where consent would be legally presumed absent – either because the victim lacked the capacity to agree or because they did not willingly participate.
“This time we have clearly stated that ‘mistaken as to the nature or purpose of the sexual act’ is among the circumstances we are targeting to deal with those who use the fortune-improving methods to deceive victims,” Tang said.
He also addressed jurisdictional concerns raised by lawmakers.
“As long as the act of deception takes place in Hong Kong, even if the actual sexual act occurs overseas, we have jurisdiction,” Tang said.
“Conversely, if the deception occurs abroad but the sexual act happens in Hong Kong, we also have jurisdiction.”
Lawmaker Nixie Lam sought clarification on whether non-contact hazing – such as splashing liquids on students during orientation camps – would constitute an offence, and whether 16 and 17 year olds, given their proximity to adulthood, would remain adequately protected from exploitation by authority figures such as coaches or teachers.
Tang confirmed that the new offence of sexual assault “involving touching” would explicitly cover such behaviour.
He added that this includes spilling liquids onto a victim, or emitting semen, urine, saliva or any other bodily fluids onto them.
“If they deliberately wet female students to embarrass them and reveal their body shape, that is exactly the kind of conduct this law is designed to regulate,” he said.
On protections for 16 and 17 year olds, Tang stated that anyone who abuses a position of trust or authority — such as coaches or trusted individuals — to induce sexual activity would be considered to have acted without consent.
The government also announced that a one-month public consultation on the proposed amendments will now begin.