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2. Call for reform

In light of the decision of HKSAR v Cheng Ka Yee & Ors, offences involving upskirting may be prosecuted for:

 

  1. disorderly conduct in a public place pursuant to section 17B of the Public Order Ordinance (Cap. 245);
  2. loitering pursuant to section 160 of the Crimes Ordinance (Cap. 200); or
  3. common law offence of outraging public decency (see section on Acts Outraging Public Decency).

The maximum punishment for:

 

  1. disorderly conduct in a public place is a fine of $5000 and 12 months’ imprisonment;
  2. loitering is 2 years’ imprisonment;
  3. 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.

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