Hong Kong’s sex offence laws are to be overhauled. What needs to be updated?

Jessie Ho recalls facing traumatic questions in court that focused on tiny details of her sexual assault case four years earlier, from whether the accused had used his left or right hand to why she had not kicked or bitten him to protect herself.

As the grilling went on, Ho realised the defence lawyer was trying to portray her as having agreed to the actions of the accused and only later changing her mind.

“I felt confused at first as I didn’t know what had happened to me. But I have never been confused about the fact that I did not agree to it, and that he definitely knew,” Ho said.

Ho was left reeling when the defendant was acquitted after a trial last year, with the court finding that he had honestly mistaken her will.

The issue of consent is a key area the government will look at when it starts the process of overhauling sexual offence laws this year, including launching a public consultation in the first quarter. The aim is to update major sexual offences with reference to suggestions from Law Reform Commission (LRC) reports, with new legislation to be introduced before the end of 2027.

The reforms will come two decades after the LRC set up a subcommittee to review sexual offences in 2006. The broad scope of the LRC’s review led to multiple reports being released over the years, with some suggestions, such as a new voyeurism offence, implemented.

Sexual assault survivors, rights advocates and lawyers have told the Post that while they welcome the LRC’s suggestions, it will take more than black letter law – legal rules that are clear and well established – to help victims seek justice.