Hong Kong – Sexual Conduct Law
Criminal provisions, penalties, and historical context
📜 Penalties at a Glance – Hong Kong
| Offence | Minimum | Maximum |
|---|---|---|
| Rape (Cap. 200 s.118) | 5 years | Life imprisonment |
| Indecent Assault | Fine | 10 years (7 if summary) |
| Sex with Minor under 16 | 5 years | Life imprisonment |
| Sex Work – Soliciting | Fine | 6 months |
| Keeping a Vice Establishment | Fine | 7 years |
| Public Indecency | Fine | 2 years |
Overview
Hong Kong’s sexual conduct laws are primarily found in the Crimes Ordinance (Cap. 200), Offences Against the Person Ordinance (Cap. 212), and related statutes. They combine British common law heritage with local amendments, focusing on consent, protection of minors, and regulation of sex work.
Age of Consent
The general age of consent is 16 years. Sexual intercourse with persons under 16 is a serious indictable offence, regardless of consent.
- No formal close-in-age exceptions; prosecution discretion applies.
- Sex with a person under 13 is strict liability; maximum penalty life imprisonment.
Key Provisions & Punishments
- Rape (s.118): Max life imprisonment.
- Non-consensual Buggery (s.118D): Life imprisonment.
- Indecent Assault (s.122): Up to 10 years.
- Sex with a Minor (s.124–127): Life imprisonment possible for under-13 offences.
- Sex Work: Private one-woman operation legal; public solicitation, kerb-crawling, brothels illegal.
- Homosexual Acts: Decriminalised 1991; equal age of consent since 2014.
Public Decency Laws
Acts outraging public decency or indecent acts in public (Cap. 212 s.148) are criminal offences. Convictions may result in fines and up to 2 years imprisonment.
Historical Context
Until 1991, homosexual acts between men were criminalised. Equalisation of the age of consent to 16 for all genders came in 2014 after judicial review.
Regional Comparison
| Jurisdiction | Age of Consent | Rape Penalty | Sex Work | Same-Sex Acts |
|---|---|---|---|---|
| Hong Kong | 16 | Life | Regulated; solicitation & brothels illegal | Legal since 1991; equal age 2014 |
| Macau | 14 | 8–16 years | Regulated; brothels legal | Legal; equal age |
| Mainland China | 14 | 3–10 years; death for aggravated | Illegal; unofficial tolerance | Legal; no set age |
| Taiwan | 16 | 3–10 years; life aggravated | Illegal; solicitation banned | Legal; equal age |
🚫 Common Tourist Mistakes
- Assuming “private” is safe: Cars, stairwells, parks can mean indecency charges.
- Approaching street sex workers: Public solicitation is illegal; undercover stings common.
- Confusing legal sex work with brothels: Only one-woman flats are legal.
- Not verifying age: You’re liable regardless of claimed age.
- Thinking penalties are “just fines”: Many offences mean prison.
Insider & Academic Commentary
“Hong Kong enforces age-of-consent laws strictly, and vice police monitor solicitation areas.” — Criminal barrister, Central
“Public decency charges can follow even consensual acts in stairwells or cars.” — Legal NGO adviser
References
Hong Kong e-Legislation. (2025). Crimes Ordinance (Cap. 200).
Hong Kong e-Legislation. (2025). Offences Against the Person Ordinance (Cap. 212).
Equal Opportunities Commission. (2014). Judgment on equalising age of consent.
Human Rights Watch. (2015). Hong Kong: Equal age of consent welcomed.