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New sex laws to protect kids proposed

The Government has proposed tough new legislation to prohibit child pornography and criminalise the arrangement and advertising of child sex tourism.

The proposals are a positive step for Hong Kong in implementing the United Nations Convention on the Rights of the Child, under which all children should be protected from all forms of abuse and sexual exploitation.

At present there is no law prohibiting child pornography. While the Control of Obscene and Indecent Articles Ordinance regulates the publication of child pornography, it does not provide for offences of possession or production of pornography of minors.

The proposed legislation refers to any means, including electronic ones such as computers or the Internet, showing a child or a person that looks like a child under 16 engaging in sexual activity or depicted in an indecent manner or context.

It will prohibit the printing, producing, reproducing, publishing, importing, advertising and distribution of child pornography along with the procurement or employment of children to make it.

Offenders face maximum penalties of up to $3 million and 10 years imprisonment which is in line with American, Canadian and Australian laws.

The Government is also committed to combating child sex tourism and is proposing new legislation to provide extra-territorial effect on sexual crimes against children under 16 where the perpetrator or the victim has a nexus with Hong Kong.

Under the Bill, anyone who makes arrangements or advertises for people to engage in certain sexual offences towards children under 16 are also liable to a maximum penalty of $3 million and 10 years jail.

The Bill includes the use of the Internet or any other form of electronic transmission.

The bills were Gazetted on June 25 and will be brought before the Legislative Council.



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