Subject: The question of 141 - Making sense of its history and legality
Freelancer
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Post at 31-5-2015 21:17  Profile P.M. 
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The question of 141 - Making sense of its history and legality



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This time when she opens the door there was another WG in the room, and she had changed clothes to denim shorts and a white t shirt.  Thought it a little strange, and am aware that 3p is technically illegal in HK.  But she kicked her friend out and welcomed me in.

The above in a recent report (I'm not picking on the guy, but rather just using the paragraph as an example) made me think about the supposed "141" law in Hong Kong. Rationally, having a vice establishment limited to just one girl and one guy at a time can make sense in certain arguments, but it doesn't hold up in all arguments. For example, this supposed law would forbid threesomes, and yet threesomes in vice establishments still happen as we know from both reports and experience at walkups, hotels and saunas/spas.

I've been searching and haven't been able to find any actual section or statute stating that three people/threesomes in a vice establishment are illegal in Hong Kong. I might even suggest that the supposed "141 law" was originally just speculation over the years starting when the Sex141 site was established in 2002. What we can say for sure is that "141" is a play on the English words "one for one." This has been long assumed to mean "one girl for one guy." But as far as I can find, there's nothing in the Hong Kong Ordinances that explicitly states that having more than two people in a vice establishment is illegal. All we have are repeated sayings that it's illegal to have more than one girl and one guy in a room, and yet there's never been an actual source for this claim.

Are there any lawyers or legal experts here? If I'm wrong, please correct me. It's just bugged me that over the years this supposed law has never made sense and no one has been able to quote the specific section or passage in the Hong Kong Ordinances.

Under Hong Kong Ordinances Chapter 200, section 117 defines a vice establishment as -- and I'm writing this in English not legalese to make things simpler to understand:

A vice establishment is defined in section 117(3) of the Ordinance as a place, premises or vessel used wholly or mainly by 2 or more persons for the purposes of prostitution or used wholly or mainly in connection with the organizing or arranging of prostitution.

The law itself defines a vice establishment as being used mainly by two or more people.

Looking at this rationally, these are some of the things we know for certain:

- The Sex141 site was (as far as we know) the first sex worker information network established in Hong Kong. This was in 2002. The original founders have since left the site long ago (arrested and sentenced to jail in 2005 for living on earnings of prostitution of others (see Hong Kong Ordinances Chapter 200, section 137)) and there's no record of why they chose the name "Sex141" or what the name was originally supposed to represent.

- "141" when you say it in English is "one four one" -- or a play on the words "one for one." It's more obvious to English speakers, but remember that Sex141 is primarily a Chinese site in the Chinese language. I know a former WG who doesn't understand English and she didn't even know why she refered to her work as "一四一" except that that's what other girls had told her sex work in a single room was called.

- "141" eventually became synonymous with walk-up girls who operated as a single girl in a single apartment. Walk-up building meaning an (older) apartment which doesn't have an elevator, though most of the working girls in Hong Kong are now currently in buildings with an elevator(s). We have to remember that something being synonymous with isn't the same as something being defined as.

- Threesomes are offered with or at walk-ups, brothels, saunas/spa and agents using hotels/hotel girls all the time.

- Rationally and logically, one-for-one can refer to pretty much any situation including girls in walk-up apartments, girls in hotels and girls in saunas. Walk-up can also refer to pretty much any situation because how else are you going to approach a final destination but to walk up to it.

- Taking all the above points into consideration, it doesn't make sense (even for the conservative local culture) for Hong Kong lawmakers to declare a law forbidding vice establishments to have more than one girl and one guy in a room. And I'm only using "in a room" as an example because section 117(3a) states a vice establishment to be "premises, vessel or place"

My point is that I'm suggesting that 3p/threeplay/threesomes have no relevance to any laws in Hong Kong. The supposed one-for-one only thing with working girls has no relevance to any laws in Hong Kong. And the supposed one-for-one being the only legal form of paid sex in Hong Kong is merely an old rumour that was based on an assumed interpretation of the name of the Sex141 site.

Again, if I'm wrong please correct me.


Community Legal Information Centre (CLIC), The University of Hong Kong
http://www.clic.org.hk/en/topics ... Vice_Establishment/

Hong Kong Legal Information Institute
http://www.hklii.hk/eng/hk/legis/ord/200/s117.html

Edited for grammar.

[ Last edited by  Freelancer at 31-5-2015 08:30 ]
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Caligynephiliac
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Post at 31-5-2015 22:56  Profile P.M. 
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Reply #1 Freelancer's post

I'm not a lawyer.  I will let the lawyers debate legality.  

Most of us punters are are the same position as the ladies.  We just want to keep a low profile and get on with it...  So the question of what is legal is really secondary.  What counts is what might you be arrested for?  Because an illegal arrest will do as much personal damage as a legal one...

Have fun, CGP
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