TNAG-1555-FCO40-2119-Broadcasting-in-Hong-Kong-1986 — Page 126

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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Present laws and policy considerations

6.101

the

Crimes associated with vice activity are dealt with in Part XII of the Crime Ordinance, Chapter 200. Three other statutes are relevant, Protection of Women and Juveniles Ordinance, Chapter 213, the Summary Offences Ordinance, chapter 228 and the Massage Establishments Ordinance, Chapter 266.

6.102 The law attempts to strike a delicate balance. It does not make prostitution in itself illegal. What is forbidden is activity that allows prostitutes to be exploited, or for their business to become too well organised, or overt. In general the prostitutes themselves will not commit crimes however their businesses are arranged, if they simply sell their services. Those associated with assisting them are penalised.

6.103 While it is in the public interest to cut triads off from their sources of illicit income there are limits to what may be done. If a man agrees to pay a prostitute for sexual services no crime is committed. Any change in the law which would make her act or the act of her customer illegal would be a radical step. It would drive the business

underground where it would be more easily dominated and exploited by criminal characters and in particular would put it even further into the hands of triads.

6.104 There is no evidence to suggest that the majority of women who work as prostitutes continue to do so other than of their own free will, once they have been introduced into this activity.

It pays well compared with many other activities. The introduction to prostitution, however, is often violent and degrading. They may be locked in a room and forcibly introduced into the profession. The law does not make it easy for prostitutes to contact their customers. It is in providing a supply of customers, arranging accommodation and providing protection that the triads among others, are heavily involved. The prostitutes are generally satisfied with the services, despite the expenses they have to

pay.

6.105 Thus a delicate balance needs to be struck between the desire to limit the profits triads may make from prostitution and the freedoms expected by the public. Nevertheless, a number of options exist and these are listed below

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