Enact Law To Tackle Upskirt Photos: Law Commission

The Law Reform Commission has called for new laws to specifically target people who take upskirt pictures and other acts of voyeurism, saying the community has sent a clear message that this is necessary.

Hong Kong currently has no specific laws dealing with offences like upskirt photography and prosecutors have been relying on the charge of access to a computer with criminal or dishonest intent, or loitering and disorder in a public place to deal with such cases.

But the Law Reform Commission's sexual offences sub-committee pointed out that there are flaws in relying on any of these charges.

Loitering and disorder charges require that the offence happened in a public place. The "access to a computer" charge has been rendered useless following a Court of Final Appeal ruling in early April, which said the charge cannot be applied to people using their own "computer" – which in this context can refer to a camera or smartphone.

In any event, the sub-committee is of the view that these charges fail to deal with the criminal activity involved.

It is recommending the introduction of a specific new offence of voyeurism, to criminalise acts of "non-consensual observation or visual recording of another person for sexual gratification".

Noting that such acts are a serious violation of a person's privacy, the sub-committee also wants specific legislation to tackle upskirt photography, rather than expanding the scope of sexual assault to include it.

It said respondents to a consultation paper said their main concern was that upskirt photography was not essentially a form of sexual assault.

The new offence should also cover any place – public or private, the commission said.

Acts of voyeurism should also be outlawed irrespective of purpose, the panel said. It said this would have the benefit of criminalising acts carried out for monetary return, rather than sexual gratification, or to humiliate, alarm or distress victims.