### Crimes Ordinance 《刑事罪行條例》

159. Transitional provisions
(1) Sections 154 and 155 shall not have effect in relation to a trial or inquiry which begins before the coming into operation of the Crimes (Amendment) (No. 2) Ordinance 1978 (25 of 1978). (Added 25 of 1978 s. 4. Amended 32 of 1979 s. 4)
(2) Sections 154 and 155 shall not have effect in relation to a trial or inquiry at which a person is charged with indecent assault which begins before the coming into operation of the Crimes (Amendment) Ordinance 1979 (32 of 1979). (Added 32 of 1979 s. 4)
[cf. 1976 c. 82 s. 7(5) U.K.]

### Crimes Ordinance 《刑事罪行條例》

159AAB. Voyeurism
(1) A person commits an offence if—
(a) the person surreptitiously—
(i) observes (with or without the aid of equipment) or records an individual in a place in which any individual can reasonably be expected to be nude, to reveal an intimate part, or to be doing an intimate act;
(ii) observes (with or without the aid of equipment) or records an intimate part of an individual, or an individual doing an intimate act, for the purpose of observing or recording an intimate part or an intimate act, of any individual; or
(iii) observes (with or without the aid of equipment) or records an individual for a sexual purpose;
(b) the individual who is being observed or recorded as described in paragraph (a)(i), (ii) or (iii) (subject individual

159AAC. Unlawful recording or observation of intimate parts
(1) A person commits an offence if—
(a) the person—
(i) records an intimate part of an individual, in circumstances in which the intimate part would not otherwise be visible; or
(ii) with intent to observe or record an intimate part of an individual—
(A) operates equipment for the purpose of observing or recording an intimate part of the individual from beneath the clothing of the individual; or
(B) operates equipment in an unreasonable manner for the purpose of observing or recording an intimate part of the individual through an opening or a gap in the outer clothing of the individual,
in circumstances in which the intimate part would not otherwise be visible;
(b) the person engages in the conduct described in paragraph (a)(i) or (ii)—
(i) for a sexual purpose; or
(ii) dishonestly; and
(c) the person disregards whether the individual referred to in paragraph (a)(i) or (ii) consents to the person’s conduct described in that paragraph.
(2) A person who commits an offence under subsection (1) is liable on conviction on indictment to imprisonment for 5 years.

159AAD. Publication of images originating from commission of offence under section 159AAB(1) or 159AAC(1)
(1) A person commits an offence if—
(a) the person publishes an image of an individual (subject individual

### Crimes Ordinance 《刑事罪行條例》

159AAE. Publication or threatened publication of intimate images without consent
(1) A person commits an offence if—
(a) the person publishes an intimate image of an individual;
(b) the person—
(i) intends the publication to cause humiliation, alarm or distress to the individual; or
(ii) knows or is reckless as to whether the publication will or is likely to cause humiliation, alarm or distress to the individual;
(c) no consent is given by the individual to the publication; and
(d) the person disregards whether the individual consents to the publication.
(2) A person commits an offence if—
(a) the person makes a threat to publish an intimate image of an individual;
(b) the person, when making the threat—
(i) intends the threat to cause humiliation, alarm or distress to the individual; or
(ii) knows or is reckless as to whether the threat will or is likely to cause humiliation, alarm or distress to the individual;
(c) no consent is given by the individual to the threatened publication; and
(d) the person disregards whether the individual consents to the threatened publication.
(3) For subsections (1) and (2), it is immaterial whether the intimate image is—
(a) created, generated or obtained in Hong Kong or elsewhere;
(b) created, generated or obtained by—
(i) the individual referred to in subsection (1) or (2), as the case may be (subject individual

159AAF. Interpretation
In this Division—
subject individual (事主) means an individual whose intimate act, intimate part or intimate image is the subject of a person’s conduct.

159AAG. Who cannot give consent that would prevent conduct from becoming offence under Division 2
A subject individual cannot give a consent that would prevent a person’s conduct from becoming an offence under Division 2 if, at the time when the conduct takes place, the subject individual—
(a) is under the age of 16; or
(b) is a mentally incapacitated person as defined by section 117(1).

159AAH. Disregard whether consent is given
For the purposes of Division 2, a person disregards whether a subject individual consents to the person’s conduct if the person—
(a) knows that the subject individual does not consent to the conduct; or
(b) is reckless as to whether the subject individual consents to the conduct.

### Crimes Ordinance 《刑事罪行條例》

159AAI. Defence regarding age or mental capacity of subject individual
(1) This section applies to proceedings against a person charged with an offence under Division 2 if the subject individual—
(a) is under the age of 16; or
(b) is a mentally incapacitated person as defined by section 117(1).
(2) It is a defence for the person to prove that the person—
(a) honestly believed that a consent was given by the subject individual to the person’s conduct that would constitute the offence; and
(b) did not know and had no reason to suspect that the subject individual was an individual falling within subsection (1)(a) or (b).
(3) The burden of proving a defence under subsection (2) lies on the person.

159AAJ. Defence regarding lawful authority or reasonable excuse
(1) Subject to subsection (3), it is a defence for a person charged with an offence under Division 2 to establish that the person had lawful authority or reasonable excuse for the contravention.
(2) A person is taken to have established that the person had lawful authority or reasonable excuse referred to in subsection (1) if—
(a) there is sufficient evidence to raise an issue with respect to the lawful authority or reasonable excuse; and
(b) the contrary is not proved by the prosecution beyond reasonable doubt.
(3) Subsection (1) does not apply to—
(a) a person charged with an offence under section 159AAB(1) that relates to section 159AAB(1)(a)(iii);
(b) a person charged with an offence under section 159AAB(2) that relates to section 159AAB(1)(a)(iii); and
(c) a person charged with an offence under section 159AAC(1) in respect of the conduct described in section 159AAC(1)(a)(i) or (ii) that was engaged in by the person for a sexual purpose.