The range of sexual offences under the criminal law includes rape, buggery and gross indecency, indecent assault, abduction, incest and other unlawful sexual acts. The existing law has been criticised because some of these offences are gender-specific, while others are based on sexual orientation. There are also concerns that the existing sexual offences may not adequately reflect the range of non-consensual conduct which should be subject to criminal sanction. The maximum sentences that are applicable to the various offences may also need to be reviewed.

Reflecting these concerns, in April 2006 the Law Reform Commission was asked to review the existing sexual offences under the criminal law. The Commission has also been asked to consider whether a register of sexual offenders should be established. A sub-committee, chaired by Mr Peter Duncan, SC, has been formed. The Sub-committee published a consultation paper in July 2008 containing its interim proposals on the question of a sex offenders register. A Commission report on this aspect of the project was published in February 2010. In December 2010, the Commission issued a report proposing the abolition of the common law presumption that a boy under 14 is incapable of sexual intercourse.

The Sub-committee's Secretary is Mr Thomas Leung, Senior Government Counsel.

If you wish further information on this project, please write to the Secretary of the Law Reform Commission by fax, post or email.

The Commission's offices are at:

20/F Harcourt House
39 Gloucester Road
Wanchai
Hong Kong

Tel: (852) 2528 0472
Fax: (852) 2865 2902
Email: hklrc@hkreform.gov.hk