August 2005

Sections 118C, 118F, 118H and 118J of the Hong Kong Crimes ordinance

source: HK government website


     

 

 

 

These sections of the Hong Kong Crimes Ordinance date from 1991, and were overturned in August 2005 as they were ruled unconstitutional under the Basic Law.

Crimes ordinance:

118C: Homosexual Buggery with or by man under 21 
A man who-
   (a) commits buggery with a man under the age of 21; or
   (b) being under the age of 21 commits buggery with another man,
         shall be guilty of an offence and shall be liable on conviction
         on indictment to imprisonment for life.

118F: Homosexual buggery committed otherwise than in private 
(1) A man who commits buggery with another man otherwise than in private shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 5 years.
(2) An act which would otherwise be treated for the purposes of this section as being done in private shall not be so treated if done-
   (a) when more than 2 persons take part or are present; or
   (b) in a lavatory or bathhouse to which the public have or are
         permitted to have access, whether on payment or otherwise.
(3) In this section, "bathhouse" means any premises or part of 
any premises maintained for the use of persons requiring a sauna, 
shower-bath, Turkish bath or other type of bath.

 
118H: Gross indecency with or by man under 21
A man who-
   (a) commits an act of gross indecency with a man under the age
        of 21; or
   (b) being under the age of 21 commits an act of gross indecency 
        with another man, shall be guilty of an offence and shall be
        liable on conviction on indictment to imprisonment for 2 years.

 
118J: Gross indecency by man with man otherwise than in private 
(1) A man who commits an act of gross indecency with another man 
otherwise than in private shall be guilty of an offence and shall be 
liable on conviction on indictment to imprisonment for 2 years.
(2) An act which would otherwise be treated for the purposes of 
this section as being done in private shall not be so treated if done-
   (a) when more than 2 persons take part or are present; or
   (b) in a lavatory or bathhouse to which the public have or are
         permitted to have access, whether on payment or otherwise.
(3) In this section, "bathhouse" means any premises or part of 
any premises maintained for the use of persons requiring a sauna, 
shower-bath, Turkish bath or other type of bath.



Foreword by Yawning Bread

Here is the actual text of the laws that Justice Michael Hartman invalidated in August 2005. 

See the articles in the South China Morning Post, and the Yawning Bread article Hong Kong leads the way

The laws were a softened version of what had existed earlier, which did not specify any age of consent. How these laws got to be what they were can be seen in Decriminalisation of homosexuality in Hong Kong

 

Footnotes

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Addenda

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