The authorities on Friday mentioned it’ll elevate in original offences to criminalise voyeurism and photography of of us’s intimate parts without consent, reminiscent of upskirt photography, after receiving round 200 written submissions in a three-month public session exercise.
The final public session, held between July and October, recommend solutions by the Law Reform Commission.
The Security Bureau mentioned in its newest document that many of the submissions expressed accurate red meat up for the legislative proposals.
It indispensable that currently there is no particular offence of voyeurism or non-consensual photography of intimate parts, and of us that carry out such acts are prosecuted below charges of “loitering”, “dysfunction in public locations”, “outraging public decency” or “gain entry to to a pc with prison or dishonest intent”.
But the bureau mentioned there are a form of limitations to these present offences in tackling particular sex crimes.
It mentioned, for example, these offences can best note to acts occurring in a public notify and could no longer be appropriate to acts that happen in private settings. It added that “loitering” and “dysfunction in a public notify” are summary offences with pretty low ranges of penalty, no longer commensurate with the severity of surreptitious intimate photography.
The bureau also indispensable that a judgement handed down by the Court docket of Closing Charm in 2019 dominated that the offence of “gain entry to to a pc with prison or dishonest intent” does no longer note when a particular person best makes employ of his agree with instrument reasonably than one belonging to yet any other particular person – making it no longer appropriate for prosecutors to lay this fee against somebody who takes upskirt photography with their agree with mobile mobile telephone.
After gathering 201 submissions in the public session exercise, the bureau mentioned it is now proposing to raise in a original prison offence of voyeurism – which would form looking out at or recording intimate acts for obtaining sexual gratification unlawful.
Ninety-three percent of the written submissions agreed that the authorities should always easy introduce such an offence, the document mentioned, with some suggesting that the pass would deter such acts on public transport.
The bureau also urged introducing a original prison offence of intimate prying, as an different to the offence of voyeurism, that may perhaps possible criminalise any looking out at or recording of intimate acts, despite the explanation.
The bureau also proposed criminalising non-consensual photography of intimate parts, despite whether the pictures are taken for obtaining sexual gratification or no longer.
Moreover, the authorities mentioned original offences should always easy also be notify up to form it unlawful for of us to distribute photography or videos obtained via voyeurism or intimate prying. Dissemination of photography of intimate parts taken without consent should always easy also be criminalised, the document mentioned.
And for intimate photography or videos which had been previously enraged about consent, it’ll easy also be unlawful for of us to distribute them unless consent has been obtained for this as well.
The Security Bureau mentioned it’ll short Legco’s security panel contributors on the outcomes of the session and the legislative proposals, on January 15.
It mentioned the authorities is now drafting the proposed amendment bill and is aiming to table it for Legco scrutiny in the 2d half of this legislative year.
