📜 Penalties at a Glance – Hong Kong
| Offence | Minimum | Maximum |
|---|---|---|
| Rape (Cap. 200 s.118) | 5 years | Life imprisonment |
| Indecent Assault | Fine | 10 years (7 years if tried summarily) |
| 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 legislative 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.
- Close-in-age exceptions are not formally codified; prosecution discretion applies.
- Sex with a person under 13 is treated as a strict liability offence with maximum penalty of life imprisonment.
Key Provisions & Punishments
- Rape (s.118): Non-consensual intercourse with a woman; maximum penalty 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 is legal; public solicitation, kerb-crawling, and keeping a vice establishment are illegal.
- Homosexual Acts: Decriminalised in 1991; equal age of consent since 2014.
Public Decency Laws
Acts outraging public decency or committing indecent acts in public (Cap. 212 s.148) are criminal offences. Convictions can result in fines and imprisonment up to 2 years.
Historical Context
Until 1991, homosexual acts between men were criminalised under colonial-era laws. The change came after sustained human rights campaigns. The age of consent was equalised to 16 for all genders in 2014 following judicial review.
Regional Comparison Table
| Jurisdiction | Age of Consent | Rape Penalty (Aggravated) | Sex Work | Same-Sex Acts |
|---|---|---|---|---|
| Hong Kong | 16 | Life imprisonment | 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 in some areas | Legal; no set consent age for same-sex |
| Taiwan | 16 | 3–10 years; life for aggravated | Illegal; solicitation banned | Legal; equal age |
🚫 Common Tourist Mistakes in Hong Kong
- Assuming “private” means safe: Acts in cars, stairwells, or parks can still be prosecuted for public indecency.
- Approaching sex workers on the street: Public solicitation is illegal, and undercover police regularly operate in known nightlife zones.
- Confusing legal sex work with brothels: Only one-woman flats are legal; brothels and shared premises are not.
- Not verifying age: Prosecution is likely even if the person claimed to be over 16—ID checks are your responsibility.
- Thinking penalties are “just fines”: Many offences carry years in prison; even first-time offenders are jailed for serious crimes.
Insider & Academic Commentary
“Hong Kong enforces age-of-consent laws strictly, and vice police monitor known areas of solicitation.” — Criminal barrister, Central
“Public decency charges can follow even consensual acts if done in a semi-public space like 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.