Dear Department of Justice,

We request the following statistical information for 2022:

1) The number of child sexual abuse (“CSA”) cases charged
2) The section and the Ordinance under which the CSA case was charged, including but not limited to the following:
a) Crimes Ordinance (Cap 200)
i) Section 47 incest by men
ii) Section 48 Incest by women of or over 16
iii) Section 118 Rape
iv) Section 118A Non-consensual buggery
v) Section 118B Assault with intent to commit buggery
vi) Section 118C Homosexual buggery with or by man under 16
vii) Section 118D Buggery with girl under 21
viii) Section 118G Procuring others to commit homosexual buggery
ix) Section 118H Gross indecency with or by man under 21
x) Section 118I Gross indecency by man with male mentally incapacitated person
xi) Section 118J Gross indecency by man with man otherwise than in private
xii) Section 118K Procuring gross indecency by man with man
xiii) Section 119 Procurement by threats
xiv) Section 120 Procurement by false pretences
xv) Section 121 Administering drugs to obtain or facilitate unlawful sexual act
xvi) Section 122 Indecent assault
xvii) Section 123 Intercourse with girl under 13
xviii) Section 124 Intercourse with girl under 16
xix) Section 125 Intercourse with mentally incapacitated person
xx) Section 126 Abduction of unmarried girl under 16
xxi) Section 127 Abduction of unmarried girl under 18 for sexual intercourse
xxii) Section 128 Abduction of mentally incapacitated person from parent or guardian for sexual act
xxiii) Section 129 Trafficking in persons to or from Hong Kong
xxiv) Section 130 Control over persons for purpose of unlawful sexual intercourse or prostitution
xxv) Section 131 Causing prostitution
xxvi) Section 132 Procurement of girl under 21
xxvii) Section 133 Procurement of mentally incapacitated person
xxviii) Section 134 Detention for intercourse or in vice establishment
xxix) Section 135 Causing or encouraging prostitution of, intercourse with, or indecent assault on, girl or boy under 16
xxx) Section 136 Causing or encouraging prostitution of mentally incapacitated person
xxxi) Section 137 Living on earnings of prostitution of others
xxxii) Section 138A Use, procurement or offer of persons under 18 for making pornography or for live pornographic performances
xxxiii) Section 140 Permitting girl or boy under 13 to resort to or be on premises or vessel for intercourse
xxxiv) Section 141 Permitting young person to resort to or be on premises or vessel for intercourse, prostitution, buggery or homosexual act
xxxv) Section 142 Permitting mentally incapacitated person to resort to or be on premises or vessel for intercourse, prostitution or homosexual act
xxxvi) Section 146 Indecent conduct towards child under 16
xxxvii) Section 147 Soliciting for an immoral purpose
xxxviii) Section 148 Indecency in public
xxxix) Section 159AAB Voyeurism
xl) Section 159AAC Unlawful recording or observation of intimate parts
xli) Section 159AAD Publication of images originating from commission of offence under section 159AAB(1) or 159AAC(1)
xlii) Section 159AAE Publication or threatened publication of intimate images without consent
xliii) Section 159AAG Who cannot give consent that would prevent conduct from becoming offence under Division 2
xliv) Section 159AAH Disregard whether consent is given
xlv) Prevention of Child Pornography Ordinance (Cap 579)

3) The outcome of the charge (e.g., pleaded guilty, trial)
4) The sentence type and length if applicable
5) The sex and age of the victim
6) The sex and age of the perpetrator
7) The relationship between the victim and the perpetrator

Regards,
Taura Edgar
https://www.talkhongkong.org/magnitude-o...

Dear ODPP/DOJ,

Thanks so much for your very helpful reply! It's a shame that the DOJ does not record the age or gender of the victim so we cannot differentiate between offences that were committed against children (<18yrs) and those against adults (>18yrs) but I understand that is how the system is currently structured.

I'd like to ask a few clarifying questions:

1) Can you help to break down the offences similar to your response last year for data from 2010-2021 so that we can make a comparative study - https://public.tableau.com/app/profile/t... (created from your response sent to us 2022-01-31). For example but not limited to:
Offences:
administering drugs to obtain or facilitate unlawful sexual act
aiding, abetting, counselling and/or procuring the offences relating to child pornography
attempting to make child pornography
causing prostitution of woman / another person
procurement of mentally incapacitated person
controlling another person for the purpose of prostitution
gross indecency by man with male mentally incapacitated person
gross indecency with a man under the age of 21
incest by men
incitement to the offences relating to child pornography
"inciting to commit // committing an act of gross indecency // indecent conduct towards / with a child under the age of 16"
indecency in public
indecent assault on a woman / female / mentally incapacitated person / another person
living on earnings of prostitution of others
non-consensual buggery
procuring another person for an unlawful sexual act by false pretences
publishing / possession of / making a child pornography
rape
soliciting for an immoral purpose
"trafficking to Hong Kong in woman for prostitution // trafficking in persons to / from Hong Kong "
unlawful sexual intercourse with a girl under 13
unlawful sexual intercourse with a girl under 16

2) Can you confirm that no charges related to these offences were recorded?
Section 127 Abduction of unmarried girl under 18 for sexual intercourse
Section 132 Procurement of girl under 21
Section 135 Causing or encouraging prostitution of, intercourse with, or indecent assault on, girl or boy under 16
Section 138A Use, procurement or offer of persons under 18 for making pornography or for live pornographic performances
Section 140 Permitting girl or boy under 13 to resort to or be on premises or vessel for intercourse
Section 141 Permitting young person to resort to or be on premises or vessel for intercourse, prostitution, buggery or homosexual act

I'd be happy to send a copy of the data you provided last year in XLS but I cannot attach files here. You can find it in this link: https://accessinfo.hk/en/request/histori...

Best Regards,
Taura Edgar

Dear ODPP/DOJ,

Many thanks for doing that! I may come back with questions in due course but I see that you have given me what you have!

We are aware that there are likely charges unrepresented in this data which are prosecuted by in-house counsel or fiat counsel and it does not include those cases prosecuted by court prosecutors attached to magistrates’ courts. Last year I have reached out to "All registries and administrative offices of courts and tribunals for which the Judiciary Administrator has responsibility" but was unable to obtain the information.

If you have any recommendations of who I can contact about the missing data I would be very grateful!

Sincerely,
Taura Edgar
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How common is child sexual abuse? Who are the victims? Who abuses children? Our report helps everyone in making evidence-informed responses that best protect as many children as possible from sexual abuse.
https://www.talkhongkong.org/magnitude-o...

Dear ODPP/DOJ,

Thanks so much for the data you provided! Very helpful! Previously you additionally provided the info in the following format

unlawful sexual intercourse with a girl under 16
1/FG/CS
4/FNG
2/PG/CS
2/PG/NCS

This helps us see which types of offences had which types of outcomes with verdicts related to sentences.

Can you please do that for the 2022 data? Currently we cannot see how many of were Found guilty / Custodial sentence versus Found guilty / no custodial sentence for example.

Many thanks!
Taura Edgar