1. Homosexual buggery
A. Homosexual buggery with or by a man under 16
The law used to be that a man who (a) commits buggery with a man under the age of 16 or (b) being under the age of 16 commits buggery with another man, shall be guilty of an offence under section 118C of the Crimes Ordinance (Cap. 200). This is no longer the case as a man who, being under the age of 16 commits buggery with another man, no longer commits an offence.
The maximum penalty used to be life imprisonment. After the decision of Yeung Chu Wing v Secretary for Justice, the maximum penalty for the offence is now (1) life imprisonment if the offence committed is with a boy under 13, and (2) 5 years’ imprisonment if the offence committed with a boy under 16 but above 13.
B. Procuring others to commit homosexual buggery
The Courts have held that this offence under section 118G of the Crimes Ordinance is unconstitutional.
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