Recently TALK joined a group of NGOs, academics and other stakeholders in @tikchiyuen‘s, the Social Welfare Functional Constituency Legco member, Action Group on Sexual Offences Law Reform.
The other groups represented are: @acsvaw, @hkulawfac, @talkhongkong, @teenskeyhongkong, @ceasecrisis.24hrs, @planhk, @hkfwc.1981 ,
@hkaaf38, @quarkshk, @gender.empowerment.hk, @foxworthinstitute, @hkcss_1947, @savethechildrenhk
Dr. Tik’s Office shared our recommendations on the long awaited legislative updates with the Secretary of Security which oversees this topic. Find below the letter which outlines the basics of what we recommend and why we find it urgent to change Hong Kong’s outdated sexual offence laws.
Urging the Expedited Progress of Sexual Offences Law Reform and the Improvement of Victim Protection Mechanisms
Regarding the matter of sexual offences law reform, I convened the “Consultation Meeting on Sexual Offences Law Reform” on June 18, 2025, inviting relevant professional organizations to participate in discussions. During the meeting, participants raised multiple specific recommendations addressing the shortcomings of the current legislation, which I now respectfully submit for your reference. It is hoped that these professional opinions will be fully incorporated in future public consultations.
1. Establishing the “Affirmative Consent” Principle and Refining Legal Definitions
a) Introduce the “Affirmative Consent” principle, clarifying that “the absence of physical resistance does not equate to consent.”
b) Establish a “Non-Consensual Circumstances List,” covering threats, intoxication, abuse of position of authority/trust, coercive control, among other scenarios.
c) Restrict the use of “honest but mistaken belief in consent” as a defense to prevent offenders from exploiting legal loopholes.
2. Implementing Gender-Neutral Legislation
a) Ensure all sexual offence provisions are gender-neutral to protect victims of all genders and sexual orientations.
b) Expand the definition of sexual penetration to include any body part, artificial sexual organs, and penetration using objects.
3. Strengthening Protection for Children and Adolescents
a) Introduce new offences such as “ongoing sexual abuse of a child” and “sexual grooming of a child,” covering both physical and online contexts.
b) Adopt the “Position of Trust” concept to prevent abuse of authority by figures such as teachers and caregivers.
c) Incorporate sex education into legal frameworks to enhance gender awareness and self-protection capabilities among youth.
d) Abolish the Marital Defence for Indecent Assault Offences Against Children
i.Under the current section 122(3) of the Crimes Ordinance, lawful spouses are permitted to raise a marital defence in cases of indecent assault, resulting in insufficient legal protection for children aged 13 to 16 who are in a marital relationship.
ii. The Hong Kong Law Reform Commission has clearly recommended in its Final Recommendation 7 that this defence should be abolished to ensure that all children receive equal protection.
4. Addressing Emerging Technology-Related Crimes
a) Legislate against the use of “AI Deepfake” technology to produce child sexual abuse material.
b) An independent law regulating this offense was enacted in 2021; however, the prosecution rate remains unsatisfactory. It is recommended to strengthen enforcement efforts related to this crime and improve the efficiency of investigations and prosecutions to effectively reduce secondary harm to victims.
5. Improving Law Enforcement and Judicial Procedures
a) Enhance training for frontline law enforcement officers to improve their understanding of consent and gender diversity issues.
b) Establish a “preserve evidence first, report later” mechanism to reduce the burden of proof on victims.
c) Strengthen the monitoring system for sexual offenders, including regular assessments of recidivism risks and rehabilitation outcomes.
6. Promoting Public Education and Cross-Departmental Collaboration
a) Launch comprehensive gender equality education to eliminate victim stigmatization.
b) Task academic institutions with consolidating reform proposals to draft a consensus-based legal amendment.
c) Establish a dedicated working group to coordinate efforts among the Security Bureau, the Department of Justice, and social welfare organizations in implementing reforms.
The meeting brought together multiple professional organizations, including the Association Concerning Sexual Violence Against Women and Plan International Hong Kong, among others. Participants widely agreed that legal reform is both necessary and urgent. Since the establishment of the Sexual Offences Review Committee in 2006, nearly two decades have passed, and the public earnestly hopes that the relevant laws can be updated to better safeguard the rights and interests of citizens.
For any inquiries, please contact Ms. Pang at 5389-4030. Thank you for your attention to this matter, and I look forward to your reply.
Yours sincerely,
Dr. Tik Chi-yuen
Legislative Council Member (Social Welfare Functional Constituency)
July 4, 2025
Enclosure: Minutes of the June 18, 2025 Consultation Meeting