domcndment of
wection. 118.
Addidon of
new declinda 154 to 119.
3. Section 118 of the principal Ordinance is amended by inserting after subsection (2) the following subsections-
(3) A man commits rape if-
**(1976 c. 82.
(a)
(1976 5, 82. K JOKI
(1976 c. 82. 1. 700
4.
he has unlawful sexual intercourse with a woman who at the time of the intercourse does not conscat to it; and
(b) at that time he knows that she does not consent to the intercourse or he is reckless as to whether she consents to it,
(4) is hereby declared that if at a trial for a rape offence the jury has to consider whether a man believed that a woman was consenting to sexual intercourse, the presence or absence of reasonable grounds for such a belief is a matter to which the jury is to have regard, in conjunc- tion with any other relevant matters, in considering whether he so believed.
"
(5) In relation to such a trial as is mentioned in sub- section (4) which is a trial in the District Court or a summary trial before a magistrate or in a juvenile court, references to the jury in that subsection shall be construed as references to the District Court, the magistrate, or the juvenile court, as the case may be.".
The principal Ordinance is amended by adding after scellon 153 the following sections-
Bestriction
on evidence
cedu
For taps e [CT 1976
~ 4. 9. 2.1
ין
"Restrictions on evidence and on publishing details regarding identity
154. (1) If at a trial before the High Court any person is for the time being charged with a raps offence to which he pleads not guilty (whether or not at the trial he, or any other person, is for the time being charged with an offence which is not a rape offence), then, except with the leave of the judge, no evidence and no question in cross-examination shall be adduced or asked at the trial, by or on behalf of any defendant at the trial, about any sexual experience of a complainant with a person other than that defendant,
(2) The judge shail not give leave in pursuance of sub- section (1) for any evidence of question except on an applica- tion made to him in the absence of the jury by or on behalf of a defendant; and on such an application the judge shall give leave if and only if he is satisfied that it would be unfair to that defendant to refuse to allow the evidence to be adduced or the question to be asked.
(3) In subsection (1) "complainant" means a woman upon whom, in a charge for a rape offence to which the trial in question relates, it is alleged that rape was com- mitted, attempted or proposed.
(4) Nothing in this section authorizes evidence to be adduced or a question to be asked which cannot be adduced or asked apart from this section.
Application of 3. 154 40
Traceedlaga,
Devrict Cou And summuuNCY"
(1976 c. 8,
31
(C81 2273
(Cap. 30
Anonymby of Pla
La cape etc.
(1976 c. 1. — 4
3
155. (1) Where, on a hearing under Part 10 of the Magistrates Ordinance, & magistrate inquires into a rape offence, then, except with the consent of the magistrate, evidence shall not be adduced and a question shall not be asked at the hearing which, if the hearing were a trial al which a person is charged with a rape offence and each of the accused at the hearing were charged at the trial with the offences of which he is accused at the bearing, could not be adduced or asked without leave in pursuance of section 154.
(2) On an application for consent in pursuance of sub- section (1) for any evidence or question the magistrale shall- (a) refuse the consent unless he is satisfied that leave in respect of the evidence or question would be likely to be given at a relevant Irial;
(8) give the consent if he is so satisfied,
(3) Where a person charged with a rape offence is tried for that offence either in the District Court or summarily before a magistrate under Part V of the Mügistrates Ordin- ance or in a juvenile court under the Juvenile Offenders Ordinance section 154 shall have effect in relation to the trial as it
(a) the words "in the absence of the jury" in subsec-
tion (2) thereof were omitted; and
(b) for any reference
substituted-h
to
the judge there were
(0) in the case of a trial in the District Court, a reference to the District Judge before whom the trial takes place;
(ii) in the case of a trial before a magistrale, a reference to the magistrate;
(iii) in the case of a trial in a juvenile court, a reference to the juvenile coUrl.
156 (1) Subject to subsection (9)a), after a person is accused of a rape offence no matter likely to lead members of the public to identify a woman as the complainant ju relation to that accusation shall either be published in Hong Kong in a written publication available to the public or be broadcast in Hong Kong except as authorized by a direction given in pursuance of this section.
(2) IE before the commencement of a trial at which a person is charged with a rape offence, be or another person against whom the complainant may be expected to give evidence at the trial applies to a judge for u direction in pursuance of this subsection and satisfies the judge
(a) that the direction is required for the purpose of Inducing persons to come forward who are likely to be needed as witnesses at the trial; and
(b) that the conduct of the applicant's defence at the trial is likely to be substantially prejudiced If the direction is not given.
the judge shall direct that subsection (1) shall not, by virtue of the accusation alleging the offence aforesaid, apply in relation to the complainant