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B. Abduction of unmarried girl under 18 for sexual intercourse

It is an offence contrary to section 127 of the Crimes Ordinance (Cap. 200) for a person to take an unmarried girl under the age of 18 out of the possession of her parent or guardian against the will of the parent or guardian with the intention that she shall have unlawful sexual intercourse with men or with a particular man.

 

The word “person” in section 127 means that the offence can be committed by a man or by a woman,

 

The offence carries a maximum sentence of 7 years imprisonment.

 

A person will only be liable under this section if the following elements are proved beyond reasonable doubt:

 

  1. The girl is not married.
  2. The girl is in the possession of her parent or guardian (any person having the lawful care or charge of the girl) at the time the offence was committed. Possession is a question of fact and depends on the degree of control over the girl by her parents or guardian.
  3. “Takes out of possession” and “against the will” of the parent means some conduct by the defandant amounting to a substantial interference with the possession of a parent over his or her child. The conduct in question need not be by force and it is immaterial whether the girl consents to it or not. Inducement or persuasion by the defandant to the girl to leave her parents is sufficient. The defandant’s conduct will not amount to abduction if parents’ consent is obtained unless fraud or misrepresentation is involved.
  4. The girl is under 18 at the time the offence is committed.
  5. The defandant intends the girl to have unlawful sexual intercourse with any man.
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