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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