Reforming Non-consensual Sexual Offences in Hong Kong : How do the Law Reform Commission of Hong Kong’s Proposals Compare with Recent Recommendations in Other Jurisdictions?

Research output: Journal Publications and Reviews (RGC: 21, 22, 62)21_Publication in refereed journalpeer-review

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Author(s)

Detail(s)

Original languageEnglish
Pages (from-to)145–171
Journal / PublicationCommon Law World Review
Volume51
Issue number3
Online published6 Sep 2022
Publication statusPublished - Sep 2022

Abstract

In this article, we consider the reforms to non-consensual sexual offences that the Law Reform Commission of Hong Kong (‘LRCHK’) has recently advocated in its Final Report about the law relating to sexual offending in that jurisdiction. We argue that a comparison between the LRCHK’s proposals and those supported in recent years by Law Reform Commissions in other jurisdictions – most particularly, in New South Wales (‘NSW’) and Queensland – reveals the LRCHK’s recommendations generally to be sensible, balanced and progressive. The LRCHK’s approach to the question of what it is to consent, and to the issue of how a person withdraws consent, is preferable to that supported by the NSW Law Reform Commission (‘NSWLRC’). Further, it seems right to have supported an objective culpability requirement for the non-consensual offences with which it was concerned. And while there are difficulties concerning certain of the LRCHK’s proposals – especially, perhaps, those pertaining to fraudulently procured sexual activity – the NSWLRC’s and the Queensland Law Reform Commission’s respective approaches to the last mentioned topic also seem imperfect.

Research Area(s)

  • criminal law reform, consent, mistake of fact, Hong Kong law, fraudulently induced consent, non-consensual sexual offences

Citation Format(s)

Reforming Non-consensual Sexual Offences in Hong Kong : How do the Law Reform Commission of Hong Kong’s Proposals Compare with Recent Recommendations in Other Jurisdictions? / Dyer, Andrew; Crofts, Thomas.

In: Common Law World Review, Vol. 51, No. 3, 09.2022, p. 145–171.

Research output: Journal Publications and Reviews (RGC: 21, 22, 62)21_Publication in refereed journalpeer-review