### Crimes Ordinance 《刑事罪行條例》

153Q. Arrangement or advertisement relating to commission against a child of act outside Hong Kong that offends Schedule 2 provision
(1) Any person who makes arrangements, whether wholly or partly in Hong Kong, for himself or another person to commit any act in relation to a person under the age of 16 that would constitute an offence under any of the provisions specified in Schedule 2 if it were committed in Hong Kong, commits an offence and is liable on conviction on indictment to a fine of $3,000,000 and to imprisonment for 10 years.
(2) Any person who publishes, distributes or publicly displays, or causes or permits the publication, distribution or public display of an advertisement for any arrangements referred to in subsection (1) commits an offence and is liable on conviction on indictment to a fine of $3,000,000 and to imprisonment for 10 years.
(3) For the purposes of subsection (2), distribute (分發) includes making any message or data available through any means of electronic transmission.
(4) It is a defence to a charge under subsection (2) for the defendant to establish that he had not seen the advertisement and did not know, nor did he have any reasonable cause to suspect, it to be an advertisement mentioned in that subsection.
(Added 31 of 2003 s. 16)

153R. Amendment of Schedule 2
The Chief Executive in Council may, with the approval of the Legislative Council, amend Schedule 2 by order published in the Gazette.
(Added 31 of 2003 s. 16)

### Crimes Ordinance 《刑事罪行條例》

154. Restrictions on evidence at trials for rape etc.
(1) If at a trial before the Court of First Instance any person is for the time being charged with a rape offence or indecent assault to which he pleads not guilty (whether or not at the trial he, or any other person, is for the time being charged with an offence which is not a rape offence or indecent assault), then, except with the leave of the judge, no evidence and no question in cross-examination shall be adduced or asked at the trial, by or on behalf of any defendant at the trial, about any sexual experience of a complainant with a person other than that defendant. (Amended 32 of 1979 s. 2; 25 of 1998 s. 2)
(2) The judge shall not give leave in pursuance of subsection (1) for any evidence or question except on an application made to him in the absence of the jury by or on behalf of a defendant; and on such an application the judge shall give leave if and only if he is satisfied that it would be unfair to that defendant to refuse to allow the evidence to be adduced or the question to be asked.
(3) In subsection (1) complainant (申訴人) means a woman upon whom, in a charge for a rape offence or indecent assault to which the trial in question relates, it is alleged that rape or indecent assault was committed, attempted or proposed. (Amended 32 of 1979 s. 2)
(4) Nothing in this section authorizes evidence to be adduced or a question to be asked which cannot be adduced or asked apart from this section.
(Added 25 of 1978 s. 4)[cf. 1976 c. 82 s. 2 U.K.]

### Crimes Ordinance 《刑事罪行條例》

155. Application of s. 154 to committal proceedings, District Court and summary trials
(1) Where, on a hearing under Part III of the Magistrates Ordinance (Cap. 227), a magistrate inquires into a rape offence or indecent assault, then, except with the consent of the magistrate, evidence shall not be adduced and a question shall not be asked at the hearing which, if the hearing were a trial at which a person is charged with a rape offence or indecent assault and each of the accused at the hearing were charged at the trial with the offences of which he is accused at the hearing, could not be adduced or asked without leave in pursuance of section 154. (Amended 32 of 1979 s. 3)
(2) On an application for consent in pursuance of subsection (1) for any evidence or question the magistrate shall—
(a) refuse the consent unless he is satisfied that leave in respect of the evidence or question would be likely to be given at a relevant trial;
(b) give the consent if he is so satisfied.
(3) Where a person charged with a rape offence or indecent assault is tried for that offence either in the District Court or summarily before a magistrate under Part V of the Magistrates Ordinance (Cap. 227) or in a juvenile court under the Juvenile Offenders Ordinance (Cap. 226) section 154 shall have effect in relation to the trial as if— (Amended 32 of 1979 s. 3)
(a) the words “in the absence of the jury” in subsection (2) thereof were omitted; and
(b) for any reference to the judge there were substituted—
(i) in the case of a trial in the District Court, a reference to the District Judge before whom the trial takes place;
(ii) in the case of a trial before a magistrate, a reference to the magistrate;
(iii) in the case of a trial in a juvenile court, a reference to the juvenile court.
(Added 25 of 1978 s. 4)[cf. 1976 c. 82 s. 3 U.K.]

### Crimes Ordinance 《刑事罪行條例》

157. Offences and proceedings
(1) If any matter is published or broadcast in contravention of section 156(1), the following persons, namely—
(a) in the case of a publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical;
(b) in the case of any other publication, the person who publishes it; and
(c) in the case of a broadcast, any body corporate which transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,
shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and to imprisonment for 6 months. (Amended E.R. 4 of 2021)
(2) When an offence under subsection (1) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
(3) Where the affairs of a body corporate are managed by its members subsection (2) shall apply in relation to the acts and defaults of a member in connexion with his functions of management as if he were a director of the body corporate.
(4) Proceedings for an offence under subsection (1) (including such an offence which is alleged to have been committed by virtue of subsection (2), whether or not by virtue also of subsection (3) ) shall not be instituted except by or with the consent of the Secretary for Justice; and where a person is charged with such an offence it shall be a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication or broadcast in question was of such matter as is mentioned in section 156(1). (Amended L.N. 362 of 1997)
(Added 25 of 1978 s. 4)[cf. 1976 c. 82 ss. 4(5), 5(4)-(5) & 6(6) U.K.]