Major developments concerning several areas of the review of sexual offences

1. In February 2010, the Law Reform Commission (LRC) published the Report on Sexual Offences Records Checks for Child-related Work: Interim Proposals. This report recommended, among other things, the establishment of an administrative scheme to enable employers of persons undertaking child-related work and work relating to mentally incapacitated persons to check the criminal conviction records for sexual offences of employees. The recommendations were subsequently implemented by the establishment of an administrative scheme, viz, the Sexual Conviction Record Check Scheme (SCRC), with effect from 1 December 2011. During the past few years, the SCRC mechanism has been progressively expanded. While ensuring adequate processing capacity of the SCRC Scheme, the Government will consider in a gradual and orderly approach whether its scope could be further expanded.
2. In December 2010, the LRC published a Report on The Common Law Presumption that a Boy under 14 is Incapable of Sexual Intercourse, recommending that the common law presumption be abolished. The LRC’s recommendation has been implemented by the Statute Law (Miscellaneous Provisions) Ordinance 2012.
3. In 2012, the LRC Sub-committee on sexual offences published the Consultation Paper on Rape and Other Non-consensual Sexual Offences, making preliminary proposals for the reform of the sexual offences in the Crimes Ordinance. These proposals include a newly-defined offence of rape and the creation of a range of other non-consensual sexual offences. The paper also deals with the non-consensual offences which are concerned with promoting or protecting a person's sexual autonomy.
4. In 2016, the Sub-committee published the Consultation Paper on Sexual Offences Involving Children and Persons with Mental Impairment, making preliminary proposals for the reform of the law concerning sexual offences involving children and persons with mental impairment. These proposals include a uniform age of consent of 16 years in Hong Kong and the creation of a range of new sexual offences involving children and persons with mental impairment which are gender-neutral and provide better protection to these vulnerable people from sexual abuse or exploitation.
5. In 2018, the Sub-committee published the Consultation Paper on Miscellaneous Sexual Offences, making preliminary proposals for the reform of law concerning miscellaneous sexual offences. These sexual offences are largely concerned with the protective principle, gender neutrality, respect for sexual autonomy, and avoidance of distinctions based on sexual orientation. The Sub-committee’s plan is to work on the Final Report on the Review of Substantive Sexual Offences after the completion of the consultation exercise.