Including clear, comprehensive definitions of consent in Hong Kong’s reform of sexual offences will provide greater clarity for all parties and better protect victims, as critics have said current interpretations rely on “common sense”, creating legal loopholes.
Barrister Stephen Keung Pit-chun said on Saturday that establishing a statutory definition of consent would be key to sentencing in future sexual offence cases.
He was speaking at a forum at the University of Hong Kong alongside other legal experts and rights advocates working with survivors of sexual assault.
They shared frontline experiences and discussed changes they hope to see in the city’s review of sexual offences laws. A public consultation is expected to launch soon, with new legislation to be introduced before the end of 2027.
In its 2019 report, the Law Reform Commission (LRC) proposed defining consent as voluntary and given by a person with capacity. Keung said this would exclude any form of consent obtained through violence, coercion or intimidation.
“Currently, lawyers have a mutual understanding of what constitutes consent based on common sense,” he said.