Facts on Sex trade in Hong Kong
I was on the verge of writing a post on being aware of underage girls but while researching for the legal age of sex workers, I find this link (Hk action group) and it is a pretty interesting read. I've extracted some of the more relevant portions:
Is escort service/sex work illegal? Is “using prostitutes’ services” illegal?
This is not illegal if a sex worker hold a valid Hong Kong residential ID card (not limited to other conditions of stay), and is performing the trade in a private environment. Participants of heterosexual and female homosexual sex trades must be at least 16 of age, and male homosexual sex trades must be at least 21 years of age.
Are one-woman apartments illegal?
No. According to Hong Kong law, it is not a criminal offence to provide or receive sexual services. Under current legal interpretation, a “vice establishment” is defined as (a) the premises, vessel or place are or is used wholly or mainly by 2 or more persons for the purposes of prostitution; or (b) the premises, vessel or place are or is used wholly or mainly for or in connection with the organising or arranging of prostitution. According to law, it is not an offence to engage in sex work individually. Current legislation compels sex workers to work alone in a private space, hence, sex workers have to face risks alone (i.e., robbery, murder, violence, rape, etc.)
Is “street-prostitution” illegal?
If a sex worker solicits clients in public spaces, she will violate “Soliciting for an immoral purpose”: Crimes Ordinance Section 147(1), “A person who in a public place or in view of the public- (a) solicits for any immoral purpose; or (b) loiters for the purpose of soliciting for any immoral purpose, shall be guilty of an offence and shall be liable on conviction to a fine of $10000 and to imprisonment for 6 months. (Amended 69 of 1990 s. 5)” Key points from this section focus on “immoral” and “soliciting”. Hence, placing sexual services as immoral acts, and is continuously used in the courts. We believe the courts have no reason to be involved in voluntary sexual behaviors of adults, make moral judgments and apply criminal standards. Sex trade is one’s sexual desire and behavior; no one should determine another’s guilt based on an individual’s sexual desires and participants agreed upon behaviors. The interpretation of sexual services as immoral must be stopped immediately.
In terms of “soliciting others”, the law only targets the “solicitors” that can be the ones providing sexual services or their clients. Whether the sex trade agreement (immoral purpose) is successful or not, the solicitor may be charged. Unfortunately, police tends to enforce this more on the sexual service providers (sex workers). Rarely is the law enforced on the clients, hence the law enforcement process is filled with unnecessary and unfair moral judgments.
Laws on sex trade: http://www.afro.org.hk/EN/info.php
Link: http://www.afro.org.hk/EN/index.php | |
