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D. Procuring a girl under 21

It is an offence contrary to section 132(1) of the Crimes Ordinance (Cap. 200) to procure a girl under 21 years’ of age to have unlawful sexual intercourse in Hong Kong or elsewhere with a third person.

 

The maximum penalty for this offence is 5 years’ imprisonment.

 

To “procure” is to produce or bring about by endeavour. There must be a causal link between what was done by the defendant and the unlawful sexual intercourse with a third person. There will be no “procurement” if the girl acted of her own free will. For example, there will be no procurement if a woman is already a prostitute.

 

Unlawful sexual intercourse must be proved. As with rape, the slightest penetration of the vagina by the penis is sufficient, and ejaculation is not required.

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