Crimes Ordinance
Part XII
12-26
Section 128
128.
Cap. 200
Abduction of mentally incapacitated person from parent or
guardian for sexual act
(1) Subject to subsection (2), a person who takes a mentally
incapacitated person out of the possession of her or his parent
or guardian against the will of the parent or guardian with
the intention that the mentally incapacitated person shall do
an unlawful sexual act shall be guilty of an offence and shall
be liable on conviction on indictment to imprisonment for 10
years. (Amended 31 of 1997 s. 6)
(2) A person who takes another out of the possession of a parent
or guardian is not guilty of an offence under this section if
that person does not know and has no reason to suspect the
other to be a mentally incapacitated person.
(3) In this section, guardian (監護人) means any person having
the lawful care or charge of the mentally incapacitated person.
(Replaced 90 of 1991 s. 8. Amended 81 of 1997 s. 59)
[cf. 1956 c. 69 s. 21 U.K.]
Exploitation of other persons for sexual purposes
129.
Trafficking in persons to or from Hong Kong
(1) A person who takes part in bringing another person into, or
taking another person out of, Hong Kong for the purpose of
prostitution shall be guilty of an offence and shall be liable
on conviction on indictment to imprisonment for 10 years.
(2) It shall not be a defence to a charge under this section to
prove that the other person consented to being brought into
or taken out of Hong Kong whether or not she or he knew it
was for the purpose of prostitution or that she or he received
any advantage therefor.
(Added 1 of 1978 s. 6. Amended 90 of 1991 s. 9; 31 of 1997 s. 7)
Verified Copy
Last updated date
5.12.2014
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