2. Call for reform
In light of the decision of HKSAR v Cheng Ka Yee & Ors, offences involving upskirting may be prosecuted for:
- disorderly conduct in a public place pursuant to section 17B of the Public Order Ordinance (Cap. 245);
- loitering pursuant to section 160 of the Crimes Ordinance (Cap. 200); or
- common law offence of outraging public decency (see section on Acts Outraging Public Decency).
The maximum punishment for:
- disorderly conduct in a public place is a fine of $5000 and 12 months’ imprisonment;
- loitering is 2 years’ imprisonment;
- common law offence of outraging public decency is 7 years’ imprisonment.
However, these offences require the element of “public” and are inappropriate charges against offences that happen in a private setting.
As a result, the Law Reform Commission of Hong Kong proposes that a specific offence be created to regulate upskirt photography along with an offence of voyeurism to be introduced.