ACSVAW Statement on the Passage of Crimes (Amendment) Bill 2021 in LegCo
New offences established to tackle Image-Based Sexual Violence following years of advocacy with survivors
The Legislative Council today (30th September 2021) has passed the Crimes (Amendment) Bill 2021. The amendment will patch a loophole that was prompted by the Court of Final Appeal's 2019 ruling on the offence of 'Access to computer with criminal or dishonest intent' should not be applied to suspects using their own computer, and further criminalise a range of Image-Based Sexual Violence (IBSV) behaviours that involve non-consensual taking, sharing, and threatening to share intimate images.
Association Concerning Sexual Violence Against Women (the Association) welcomes the passage of the Bill, and would like to thank the victim-survivors that voiced out and everyone that supported the efforts to promote awareness on the issue.
'We believe that the new offences will help the public and frontline law enforcement officers to understand the irreversible harm done by image-based sexual violence,' said Linda S.Y. Wong, Executive Director of the Association. 'The new law also shows that victim-survivors' experience is recognised by the criminal justice system and this lays the foundation for enhancing reporting likelihood.'
A victim-survivor that experienced non-consensual recording of intimate images and was threatened by these images said even with the new law she still has her worries. 'I have been looking forward to this new law, because I would have wanted a charge specifically about non-consensual photography to be used for prosecution. But since those non-consensual images of mine are not depicting my face, I continue to worry that the police will remain indifferent to my situation and keep on reiterating how it is almost impossible to charge and have a conviction.' said Mook (alias), who reported her experience of image-based sexual violence immediately but only the part involving threats was further investigated on the ground of criminal intimidation.
Mook felt untrusted by the police in the process, and she was repeatedly persuaded to close the case. 'As long as the perpetrator that filmed me without my consent walks free, I will always feel disturbed because I can never expect when he will appear and do whatever he wants.' Mook insisted and did not drop her case, she now hopes the new offences can ensure criminal justice for victim-survivors.
'The Association remains concerned whether the disinterest and inadequate responses faced by victim-survivors when they report to police will see improvement following the new legislation. We expect the police will provide training and guidance for investigating and responding to reports of all forms of image-based sexual violence, so to lift sensitivity in handling these cases.' said Jacey Kan, Advocacy Officer of the Association. 'The law enforcement needs to comprehend that the on-going circulation of non-consensual intimate images is a devastating harm to IBSV victim-survivors, we hope beyond the 'Disposal Order' introduced in the new legislation, the police will also be able to step in during investigation and request internet platforms to suspend public access to the involved images for the victim-survivors and reduce further harms.
The legislation introduces 4 new offences. The offence of 'Voyeurism' (s.159AAB) tackle surreptitious observation and recording of intimate acts; 'Unlawful recording or observation of intimate parts' (s.159AAC), targets acts such as 'upskirting' and 'down-blousing'; The offence of 'Publication of images originating from commission of offence under section 159AAB(1) and s.159AAC(1)' (s.159AAD) and 'Publication or threatened publication of intimate images without consent' (s.159AAE), tackle acts of non-consensual distribution and threats to distribute, no matter consent was given or not for the recording of such intimate images. The distribution offence also covers superimposed images to show one's intimate part or doing intimate act (i.e. 'Deep Fake Porn'). The legislation also includes provisions of 'Disposal Order' which empowers the court to order delete and removal of the involved image.
The Association would again like to express our gratitude to victim-survivors, volunteers, interns, as well as former and current members of the Legislative Council who have been walking along with us. The Association will be paying close attention to the enforcement of the new laws in reporting and judicial procedures, and raise further suggestions on providing comprehensive protection to victim-survivors.
Image-Based Sexual Violence Take-Down Assistance: rainlily.org.hk/tada
RainLily Sexual Violence Helpline: 2375 5322