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Editorial | Hong Kong’s new sexual offence laws must reflect changing society, tech

Long overdue amendments should include better protection for children and the vulnerable, and plug loopholes related to deepfake and AI

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A police officer outside the West Kowloon Magistrates Court on September 29. Photo: Karma Lo

Hong Kong’s laws on rape and other sexual offences have long been recognised as out of date and in need of reform. The public consultation on such amendments, due next year, will provide an overdue but golden opportunity to overhaul them. It must be seized.

There is a need to ensure legislation keeps pace with societal changes and the rapid advance of technology. Secretary for Security Chris Tang Ping-keung said the aim was to complete the amendments by the end of this administration’s term in 2027. That would be a landmark development in a process that began with the establishment of a Law Reform Commission subcommittee in 2006.

Since then, there have been reports and consultations but only a limited number of piecemeal amendments to the law. Now, there is a chance to make comprehensive reforms to update the legislation and expand protections. Tang said the amendments might cover the use of artificial intelligence in sex crimes, a growing problem.

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The case of a student with sexually explicit deepfake images of between 20 and 30 women on his laptop has raised concerns about gaps in the law. New, targeted offences to provide clarity and close off any loopholes should be considered.

However the legislative amendments will go much further than that. The commission, in reports in 2019 and 2022, made more than 70 recommendations on a wide range of offences.

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Tang’s pledge that the new laws will be based on the principle that crimes will not be distinguished according to gender or sexual orientation is welcome. The law on rape belongs to a bygone era. It is framed in narrow terms and, as the commission recommended, should be broadened to cover all victims and more sexual acts. The definition of what constitutes consent should safeguard those in circumstances where they are unable to express their lack of consent.

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