Laws

Penalty : Maximum penalty of fine of $10,000 and imprisonment for 6 months. (Those who have committed similar offence or commits similar offence during bail would face heavier penalty)

Illustration (1)

A man approaches Ah Zhen and asks for her rate. Ah Zhen replies by asking the man to follow her upstairs. Shortly after, the police knocks on the door and prosecutes Ah Zhen for “soliciting for an immoral purpose”. The man agrees to be the prosecution witness.

During trial, Ah Zhen denies the charge, while the man (customer) testifies that he was the first to ask for Ah Zhen’s rate. The Defence counsel was quick to point out that there is on the face, insufficient evidence to constitute the charge. Be it the accused’s language, action, expression or attire, none of these amounted to “solicitation”. The judge accepted the counsel’s submission and acquitted Ah Zhen.

Illustration (2)

Fang Fang was waiting by the street when a middle-aged man passed by. Fang Fang smiled at him and said : “Hi.”. The man replied likewise. Fang Fang then said “Are you bored ? Do you need company ?” The man asked “How much?”, to which Fang Fang said, “$300”. The man nodded in acceptance and proceeded to a motel with Fang Fang.

In the room, the man handed $300 to Fang Fang, Just as she was about to remove her clothes, someone suddenly knocked on the door. It was the police and the man was an undercover agent.

Fang Fang was charged and convicted of “soliciting for an immoral purpose” on the evidence of her acceptance of $300.

In Hong Kong, sex work or provision of sex services for money is not illegal. Using of sex services is also not illegal. However, soliciting of clients, ownership of premises for provision of sex services are regulated by laws.

l An “immoral act” refers to an act or behaviour which is not acceptable to the vast majority of the public. Commercial sex is one of them.

Acts that breach the law :

l Initiating conversation with customer, or using body language, expression or attire to signal availability to customer.

l Mentioning the types of available service and price, for example during conversation.

Acts that do not breach the law :

l Replying to a customer who initiated the conversation

l Any sexual act within private premises (above age 18)

l Standing by the street

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(2) You will be caught if you work together

CRIMES ORDINANCE 200 - SECT 139

Keeping a vice establishment

Penalty : Maximum penalty of fine $20,000 and imprisonment of 7 years

Illustration (3)

Close friend Ah Lan wants to work free lance from an individual apartment (“one apartment one woman”). Ah Hua rents out one of her rooms to her, so that both can share the rent of the flat.

One day, an undercover police engages the service of Ah Lan, and discovers that another woman is working from the same flat.

Ah Lan is then caught, and charged for keeping a vice establishment.

Acts that breach the law :

l Having more than one woman conduct sex trade within the same premise.

l Customer or sex worker or anyone can be a witness to testify that sex trade was conducted on the premise.

l Assisting in management : e.g a person collecting money or directing customer to a room may also be caught under this provision.

Caution :

Although the law is usually used against bigger operations, sex workers who work from home or rented apartment have to be careful of how they use the premises to prevent breaching the law.

According to the Crime Ordinance 200 Sect 153 ” Seizure and forfeiture in respect of vice establishment”, the police have the power on the direction of the court to seize and forfeit any item found at the vice establishment, and have power to close up premises which violate Sect 139, 143, 144 or 145.

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(3) Cannot rent out house for sex trade ?

CRIMES ORDINANCE 200 - SECT 143

Letting premises for use as a vice establishment

Tenant or his agent letting premises for use as a vice establishment

Tenant or his agent letting premises for vice

Maximum penalty : fine of $20,000 and imprisonment of 2 years

l Mainly aimed at middle agents or those who gain from rental collection (pimps)

l Law is not usually applied on its own, but used jointly with Sect 130 or Sect 131

Illustration (4)

The police were notified of one Ah Hui allowing his girlfriend to provide services from his premises in the day time. The patrol unit discovered that the tenanted apartment belongs to Ah Hui. Ah Hui was hence charged for “letting premises for use as a vice establishment”.

Acts which breach the law :

l Evidence to show that the premise satisfied definition of “vice establishment”, or evidence to show that there had been more than one incidence of sex trade carried out within the premise.

l Providing sex services (oral or vagina sex, or massage of private parts) in consideration of cash at licensed premises. However, providers of such services are most likely to be caught by undercover police disguised as “customers” or during raids.

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(4) Beware if you live with boyfriend, parents or children

CRIMES ORDINANCE 200 - SECT 137

Living on earnings of prostitution of others

Maximum penalty : imprisonment of 5 years

Illustration (5)

Ah Qiang, a construction worker has not had work for the past few weeks. Ah Zhu, who has been co-habiting with Ah Qiang has been receiving customers in the day time. When an undercover police discovered that besides Ah Zhu, Ah Qiang was also staying the same house, Ah Qiang was questioned on his occupation and his relationship with Ah Zhu.

Knowing that Ah Qiang is jobless, the police charged him for “living on earnings of prostitution of others”.

Acts which breach the law :

l Knowingly rely on a sex worker’s income for livelihood.

l Keeping a sex worker’s earning, or accepting money for sex related activities.

l Where there is evidence to show that a person has been aiding, persuading or coercing another to engage in sex work.

Caution :

A landlord who raises rent on knowing a sex worker’s profession may violate this offence.

Parents, family or boyfriend of a sex worker may also be prosecuted.

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(5) Beware if you introduce another person to the trade

CRIMES ORDINANCE 200 - SECT 131

Causing Prostitution

Maximum Penalty : imprisonment of 7 years

Illustration (6)

Ah Ling and Ah Qing are from the same village and were also ex-colleagues. Since the company’s winding up, Ah Ling had been jobless for a year, and has been unable to find a job. Recently, her mother had a stroke, and needed money for medical treatment.

Given her financial limits, Ah Ling consulted Ah Qing. Ah Qing persuaded Ah Ling to be a sex worker to earn some extra income.

Unfortunately, there was a police raid shortly after Ah Ling started work and both women were caught. Ah Ling pleaded for leniency and asked the police to let her off, as she had only just joined the trade through Ah Qing’s recommendation.

As it turned out, Ah Qing was charged with an additional charge of “Causing prostitution”.

If there is evidence to show that a person has become a sex worker because of the accused, for example through persuasion, this would normally point the accused to being a “pimp”.

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(6) “Parents’ Regulation” - Coercing One to Prostitute

CRIMES ORDINANCE 200 - SECT 130

Control over persons for purpose of unlawful sexual intercourse or prostitution

Maximum Penalty : imprisonment 14 years

Effective Evidence :

Control of a person for unlawful sexual intercourse is a severe offence. Generally, evidence of imprisonment, control, authority, influence or coercion is required..

Illustration (7)

Xia Xia’s boyfriend, Ah Sheng owed moneylenders a great sum of money and was unable to repay his debts. Ah Sheng therefore coerced Xia Xia to prostitute herself to help repay his debts. After repeated transactions, Xia Xia wants to quit but Ah Sheng would not allow her. Instead, he force fed her pills to prevent her from resisting.

One day, while Ah Sheng was sleeping, Xia Xia called the police. The police detained Ah Sheng and charged him for “Control over persons for purpose of prostitution”.

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(7) Beware of people who try to remove your sign

CRIMES ORDINANCE 200 - SECT 147A

Prohibition of signs advertising prostitution

Maximum Penalty : fine $10,000 and imprisonment of 6 months

Acts which breach the law :

l Signs which publicly exhibit sex services eg sign board, neon-lit cases

l Courts will pass sentence depending on the design, position, and use of the sign. Those who obstruct the removal of offending signs or breach the law may face a maximum penalty of fine $10,000 and imprisonment of 6 months. Courts have the power to make the offender bear the cost of removing the sign.

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(8) Tourists are not allowed to work ?

IMMIGRATION ORDINANCE 115 - SECT 41

Breach of condition of stay

Maximum Penalty : imprisonment of 2 years

Illustration (8)

Ah Zhu came from Shun De. Before coming to Hong Kong, she heard many fellowmen say that Hong Kong is paved with gold, and one can easily make a thousand dollars using tourist visa entry, which is relatively easy. Ah Zhu was tempted.

Ah Zhu followed a tour group to Hong Kong, and went on her own. Thereafter, Ah Zhu followed others to work in a massage parlour.

Not long after starting work, the police during inspection of identification, caught Ah Zhu under “breach of condition of stay”.

Acts which breach the law :

l According to conditions of stay issued under visas, a person is generally prevented from working for money during the stay. This prohibition includes sex work.

l Overstayers – staying in a country for longer than the permitted period given by the visa.

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(9) What is real and what is false ?

IMMIGRATION ORDINANCE 115 - SECT 42

False statements, forgery of documents and use and possession of forged documents

Maximum Penalty : imprisonment of 3 years

Illustration 9

Huifen cannot find a job in China. She thought of seeking a job in Hong Kong, and was told that she could pay $5,000 to purchase a Hong Kong identification card. Huifen agreed, and left for the place in Hong Kong recommended by her friend, hoping to find a job and repay the debt quickly. Less than half a day, she was however caught by the police when they were inspecting her identification card, and discovered that it did not belong to her. Huifen was charged for forgery of identification documents, and was sentenced to 18 months jail.

Acts which breach the law :

Anyone who is found in possession of false identification document or using another person’s identification or forged document would be charged under this offence.

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(10) Council of Europe: Prostitution - which stance to take?

Months ago, the Committee on Equal Opportunities for Women and Men at the Council of Europe, the European Union, released a report on how its member states should address to trafficking and sex work. It divides modern sex-related 'phenomenon' into 3 categories: 'forced prostitution and trafficking in human beings', 'child prostitution', and 'voluntary adult prostitution'. This categorization, to a large extent, is encouraging in the sense that one of the most influential powers in the world has taken a step forward to separate sex work from 'trafficking'. Different measures are listed for different category. In other words, sex workers are no longer generalized as 'trafficking victims', whereas 'trafficking victims' are not necessarily seen as working in the sex industry. The attitude towards trafficking and sex work of the Council of Europe has provided a very good example for all the groups, organizations, and the world powers in particular, how they should view sex work and trafficking. Most of all, in regards to what should be done to 'voluntary adult prostitution', the Council of Europe states in the report that sex workers should be empowered in different ways including "ensuring prostitutes have access to and enough independence to impose safe sexual practices on their clients","respecting the right of prostitutes who freely choose to work as a prostitute to have a say in any policies on the national, regional and local level concerning them", "ending the abuse of power by the police and other public authorities towards prostitutes by developing special training programmes for them". From these recommendations, we clearly see that the Council of Europe has greatly increased its recognition and respect to sex workers' rights. For a glimpse of the full report, please visit:
http://www.assembly.coe.int/Main.asp?link=/Documents/WorkingDocs/Doc07/EDOC11352.htm

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(11) World Charter for Prostitutes' Rights

World Charter for Prostitutes' Rights

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(12) Redefining Prostitution as Sex Work on the International Agenda

Redefining Prostitution as Sex Work on the International Agenda

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(13) Trades Union Congress (Britain): "Tackling Trafficking through Workers' Rights"

Currently, sex workers often move to work in another area to improve their income. Yet, many of them fail to gain what they deserve and are exploited. Some of them also wrongly believe in the words of another party such as travel agents, 'sisters', and are thus fooled to do something they never expect in the destination countries. Different groups and their government officials are getting more concerned about this, and set up different measures to cope with trafficking. However, these measures restrict much sex workerss' freedom of work and migration. They often spend more time, efforts and money to work in another area, which increases more their vulnerability to trafficking and abuse. In fact, the most efficient and effective way to combat trafficking is to recognize sex work as work. When sex workers are restored to labor status, with their rights protected by the labor laws, they can be freed from trafficking and abuse. The Trades Union Congress (TUC) also released similar standpoints as ours towards trafficking and forced labor. For further details about the TUC standpoint, please go to http://www.tuc.org.uk/international/tuc-11911-f0.cfm

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