52
CAP. 200]
Crimes
[1984 Ed.
[1976 c. 82. s. 1(1)]
(1976 c. 82, s. 1(2).)
(1976 c. 82, s. 7(3).]
Procurement of woman by threats.
[cf. 1956 c. 69. s. 2.]
Procurement of woman by false pretences.
[cf. 1956 c. 69, s. 3.)
(2) A man who induces a married woman to have sexual intercourse with him by impersonating her husband commits rape.
(3) A man commits rape if—
(a) he has unlawful sexual intercourse with a woman who at the time of the intercourse does not consent 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. (Added, 25 of 1978, s. 3)
(4) It 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 conjunction with any other relevant matters, in considering whether he so believed. (Added, 25 of 1978, s. 3)
(5) In relation to such a trial as is mentioned in subsection (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. (Added, 25 of 1978, s. 3)
(Added, 1 of 1978, s. 6)
119. (1) A person who procures a woman, by threats or intimidation, to have unlawful sexual intercourse in Hong Kong or elsewhere shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 14 years.
(2) A person shall not be convicted of an offence under this section on the evidence of one witness only, unless the witness is corroborated in some material particular by evidence implicating the accused.
(Added, 1 of 1978, s. 6)
120. (1) A person who procures a woman, by false pretences or false representations, to have unlawful sexual intercourse in Hong Kong or elsewhere shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 5 years.
(2) For the purposes of subsection (1), "pretence" or "representation" includes a pretence or representation relating to the past, the present or the future and any pretence or representation as to the intention of the person using the pretence or representation or any other person.
(3) A person shall not be convicted of an offence under this section on the evidence of one witness only, unless the witness is corroborated in some material particular by evidence implicating the accused.
(Added, 1 of 1978, s. 6)
52
CAP. 200]
Crimes
[1984 Ed.
[1976 c. 82. s. 1(1)]
(1976 c. 82, s. 1(2).)
(1976 c. 82, s. 7(3).]
Procurement of woman by threats.
[cf. 1956 c. 69. s. 2.]
Procurement of woman by false pretences.
[c/ 1956 c. 69, s. 3.)
(2) A man who induces a married woman to have sexual intercourse with him by impersonating her husband commits rape.
(3) A man commits rape if—
(a) he has unlawful sexual intercourse with a woman who at the time of the intercourse does not consent 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. (Added, 25 of 1978, s. 3)
(4) It 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 reason- able grounds for such a belief is a matter to which the jury is to have regard, in conjunction with any other relevant matters, in consider- ing whether he so believed. (Added, 25 of 1978, s. 3)
(5) In relation to such a trial as is mentioned in subsection (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. (Added, 25 of 1978, s. 3)
(Added, 1 of 1978, s. 6)
119. (1) A person who procures a woman, by threats or intimidation, to have unlawful sexual intercourse in Hong Kong or elsewhere shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 14 years.
(2) A person shall not be convicted of an offence under this section on the evidence of one witness only, unless the witness is corroborated in some material particular by evidence implicating the accused.
( Added, 1 of 1978, s. 6)
120. (1) A person who procures a woman, by false pretences or false representations, to have unlawful sexual intercourse in Hong Kong or elsewhere shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for 5 years.
(2) For the purposes of subsection (1), "pretence" or "representation" includes a pretence or representation relating to the past, the present or the future and any pretence or representation as to the intention of the person using the pretence or representation or any other person.
(3) A person shall not be convicted of an offence under this section on the evidence of one witness only, unless the witness is corroborated in some material particular by evidence implicating the accused.
( Added, I of 1978, s. 6)
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