A High Court judge and a scholarly study have both highlighted concerns regarding sentencing practices in child sexual assault cases under the current legal framework.
Efforts to update Hong Kong’s antiquated laws on sexual offences are progressing. After a month-long public consultation on proposed amendments, a comprehensive reform may be unveiled this year and implemented before the end of the current legislative session next year. The initiative seeks to bring legislation in line with evolving societal norms, safeguard the rights of survivors—particularly children and other vulnerable individuals—and maintain the integrity of fair judicial processes.
In parallel, both a High Court judge and an academic investigation have voiced criticism about how sentences are handed down in cases involving child sexual assault under existing statutes.
Sentencing a 22-year-old university student found guilty of sexually assaulting at leastfour underage girls, Judge Andrew Chan Hing-wai stated that the maximum five-year prison term for unlawful sexual activity with a girl under 16 was “disproportionately lenient.
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Considering that the maximum penalty for unlawful sex with a girl under 13 is life imprisonment, it raises serious questions as to why there is such a substantial disparity between the ages of 13 and 14,” Chan remarked.
Deterrence plays a role in sentencing. Although laws establish upper limits, the actual sentences are determined by courts. Judges consider various aspects of each case, guided by sentencing principles established by appellate courts.
A review of 35 years of crime statistics reveals that average prison terms for the most serious child sexual offences have been significantly lower than the maximum penalties.remained under 10 yearsIn certain instances, these maximums can reach life imprisonment.
Based on an analysis of 401 publicly accessible judgments from 1990 to 2025, University of Hong Kong law professor Puja Kapai reported that six offences—such as rape, buggery, and unlawful sexual intercourse—typically resulted in average prison sentences between four years and six months to nine years and eight months.
Kapai and her research team also observed a declining trend in sentencing severity for four of the six most serious sexual crimes against children. This decline was particularly evident in cases of unlawful intercourse with girls under 13, where average sentences dropped from 10 to 12 years during the mid-2000s to less than five years in recent times.
Even while recognizing that judges must follow legal precedents and consider multiple factors, the report concluded that sentences for these six offences consistently remained in the lower to middle range, substantially below the legally prescribed maximums.
The study did not encompass all child sexual offence cases, as it only included those with publicly available judgments and excluded cases settled via guilty pleas or alternative procedures.
Under Hong Kong’s common-law framework, higher courts—most commonly the Court of Appeal—issue sentencing guidelines, establishing initial benchmarks that judges may modify based on aggravating or mitigating circumstances.
In theory, judicial decisions must be upheld. Public opinion or reactions in individual cases should not influence judicial outcomes.
However, the severity of punishment should align with the gravity of the offence according to current societal norms, as this can affect public trust in how justice is administered.
Judges adhere to rulings set by higher courts. Each case is evaluated based on its specific circumstances, taking into account the nature of the crime and any extenuating factors. Determining whether sentences are excessively lenient or harsh is challenging. Yet, Kapal’s team study serves as a reminder that sentences must correspond to the actual criminal behaviour and serve as an effective deterrent.
There is also the imperative to deliver justice for victims. The Court of Appeal has the authority to issue fresh guidelines during appeals, especially when there is a notable increase in a specific crime type requiring stronger deterrence. In this context, cases involving sexual abuse of children under 17surged 20 per centcompared to 2024.
It will be revealing to observe how sentencing might evolve following Hong Kong’s updates to its sexual offence laws. Proposed reforms include eliminating outdated distinctions tied to gender or sexual orientation, and establishing auniform age of consent at 16. This would enhance legal clarity and promote fairness in the law.
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This piece was first published on the South China Morning Post (www.scmp.com), Asia’s premier news source covering China and the region.
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