Consent and age of consent
The Crimes Ordinance sets 16 as the age of consent. Provisions that set a higher age or created separate offences for homosexual conduct were struck down as unconstitutional in a line of cases beginning in 2005, and the Law Reform Commission has recommended a comprehensive modernisation of the sexual offences law.
Key points
| Age of consent | 16, applying equally regardless of sexual orientation |
|---|---|
| Consent | Absence of consent is central; case law addresses intoxication and incapacity |
| Marital rape | Criminal |
| Voyeurism and image offences | Criminalised by the Crimes (Amendment) Ordinance 2021, including intimate image abuse |
| Position of trust | Separate offences for those in care or authority |
| Reform | Law Reform Commission has recommended a consolidated sexual offences statute |
| Crimes Ordinance | Contains the main sexual offences; reform proposals have been pending for years |
| One-stop service | The RainLily centre provides integrated medical, police and counselling support |
| Court protections | Screens and video links are available for vulnerable witnesses |
In practice
- Contact RainLily before reporting; they run a 24-hour crisis line and can attend with you.
- Ask about the one-stop service to avoid repeating your account to several agencies.
Recent changes
The 2021 amendment created offences of voyeurism, non-consensual photography of intimate parts and publication of intimate images — gaps that had been repeatedly criticised.
Where to go
- RainLily — 24-hour crisis line 2375 5322, the main sexual violence crisis centre.
- Social Welfare Department hotline 2343 2255.
- Hospital Authority accident and emergency departments for forensic examination.
Worth knowing
RainLily provides a one-stop service including medical, forensic and legal support, and can arrange forensic examination without an immediate police report. The one-stop crisis service allows the medical examination, police statement and counselling to happen in one place, which substantially reduces the burden.
The general article: Consent and age of consent · Compare with another country
Domestic violence
The Domestic and Cohabitation Relationships Violence Ordinance allows the court to grant injunctions restraining molestation and excluding a person from the home. Its scope was extended in 2008 and 2009 to cover former spouses, cohabitants and same-sex cohabiting couples, and a wider range of relatives.
Key points
| Injunctions | Non-molestation and exclusion orders from the District Court or the Court of First Instance |
|---|---|
| Scope | Spouses, former spouses, cohabitants including same-sex couples, and specified relatives |
| Power of arrest | May be attached to an injunction where there has been bodily harm |
| Duration | Up to two years, renewable |
| Criminal law | Assault, criminal intimidation and related offences apply in parallel |
| Refuges | Government-funded refuge centres for women and children |
| Social welfare | Family and Child Protective Services Units coordinate support |
| Domestic and Cohabitation Relationships Violence Ordinance | Covers spouses, former spouses and cohabitants, including same-sex |
In practice
- Ask the court to attach a power of arrest to the injunction: without it, enforcement is slow.
- Contact a Family and Child Protective Services Unit for housing and welfare support.
Cost and coverage
Legal aid is available subject to means and merits; applications can be made urgently.
Recent changes
Successive extensions of the Ordinance brought cohabiting and same-sex couples within its protection, which had originally been limited to married spouses.
Where to go
- Social Welfare Department hotline 2343 2255, 24 hours.
- Harmony House and other refuge and counselling services.
- Police Domestic Conflict and Violence Policy Unit.
Worth knowing
A power of arrest attached to the injunction is what makes it effective in practice. Ask the court for it explicitly where there has been physical harm. An injunction without a power of arrest requires a fresh court application to enforce. Ask for the power of arrest at the outset.
The general article: Domestic violence · Compare with another country
Female genital mutilation
Female genital mutilation is not a traditional practice in Hong Kong and there is no specific offence. Any such act would be prosecuted under the general provisions on wounding and grievous bodily harm, with child protection legislation applying where a minor is concerned. The question arises mainly for families from affected communities.
The practice is not traditional in Hong Kong and there is no dedicated offence; it would be prosecuted as grievous bodily harm or wounding under the Offences against the Person Ordinance, and parental consent would be no defence. The issue arises mainly in relation to families with roots elsewhere, and in that situation the law of the other country often applies in parallel.
Key points
| Prevalence | Not a local practice |
|---|---|
| Specific law | None; general wounding and grievous bodily harm provisions apply |
| Children | Child protection legislation applies to minors |
| Reporting | Through the Social Welfare Department and the police |
| Care | Available through public gynaecology services |
| Asylum | Risk of FGM is recognised in non-refoulement claims |
In practice
- Report any concern about a child to the Social Welfare Department or the police.
- Public gynaecology services can provide examination and care.
- Interpreters can be requested for hospital appointments.
- Families concerned should know that most destination countries prosecute the practice.
Where to go
- Social Welfare Department Family and Child Protective Services Units.
- Public hospital gynaecology departments.
- NGOs working with ethnic minority communities.
Worth knowing
With no specific offence, the practical route in Hong Kong is child protection rather than criminal prosecution. Report early rather than waiting for evidence.
Frequently asked questions
Is it an offence in Hong Kong?
There is no specific offence, but the conduct amounts to grievous bodily harm or wounding under general criminal law, and consent given by a parent does not make it lawful. Child-protection powers are available to the Social Welfare Department.
What if the child is taken abroad?
Hong Kong law has no specific extraterritorial provision for this, so the practical protection often comes from the law of the child's other country of nationality or residence. Raise concerns with the Social Welfare Department before any travel, not after.
The general article: Female genital mutilation · Compare with another country
General sources
- GovHK — official government portal