Law Reform Commission’s Consultation Paper on Sentencing and Related Matters in the Review of Sexual Offences

The Law Society received a consultation paper from the Law Reform Commission’s Review of Sexual Offences Sub-committee (“LRC Subcommittee”) in November 2020. This consultation paper (the “Consultation Paper”) sets out preliminary proposals for the reform of law in relation to sentencing and related matters in the review of sexual offences. It covers a review of the penalties for offences proposed in the report on Review of Substantive Sexual Offences; examines ways to reform and improve treatment and rehabilitation of sex offenders in Hong Kong; and reviews the Sexual Conviction Record Check Scheme (“SCRC Scheme”) since it has come into operation in December 2011 as an administrative scheme.

With the assistance of the Criminal Law and Procedure Committee, a submission was produced in response. In the submission, we set out our views on the proposed sentencing, the recommendations on the treatment and rehabilitation of sex offenders and on the review of the SCRC Scheme. Among other things, we suggest that when the LRC Subcommittee is to consider feedbacks and responses to the Consultation Paper, it is relevant if they could canvass any latest developments and updates that are advanced since the publication of the Consultation Paper. Cases such as Yeung Chu Wing v Secretary of Justice 2019 3 HKLRD 238 (a judgment dated of 30 May 2019) could be of referential values.

The submission on the above could be found here:

http://www.hklawsoc.org.hk/pub_e/news/submissions/20210202.pdf