LCQ5: Combating offences of voyeurism and clandestine recording of intimate parts
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Question:
There are views pointing out that although criminal offences of voyeurism and unlawful recording of intimate parts came into force in 2021, incidents involving clandestine recording of intimate parts of others in public places or private spaces still continue to occur from time to time following rapid technological development and widespread application of smart devices. In this connection, will the Government inform this Council:
(1) since the offence of unlawful recording of intimate parts came into force, of the number of reports received by the Police regarding such an offence, and the number of cases in which prosecutions were instituted against the persons involved;
(2) given that it is learnt that mini recording devices currently available on the market are mainly sourced from Mainland e-commerce platforms, of the measures the Government has put in place to prevent members of the public from using recording devices purchased through such channels for the purpose of clandestine recording; and
(3) whether it will enhance the design of public places to prevent clandestine recording, and formulate building and design standards against clandestine recording, such as installing detection devices against clandestine recording (e.g. infrared scanners) in schools, shopping malls and other venues, as well as conducting improvement works to address design flaws in partition panels in certain restrooms and changing rooms?
Reply:
President,
The act of clandestine photography seriously invades the victims' privacy and often inflicts incurable physical and mental harm on them. In 2021, the Security Bureau amended the Crimes Ordinance (Cap. 200) to introduce four new offences to combat voyeurism-related acts: (1) the offence of voyeurism, which deals with the act of peeping or clandestine photography in circumstances that give rise to a reasonable expectation of privacy; (2) the offence of unlawful recording or observation of intimate parts; (3) the offence of publication of intimate images originating from commission of the above two offences; and (4) the offence of publication or threatened publication of intimate images without consent.
The four new offences carry a maximum penalty of five years of imprisonment. The Government seeks to convey a clear message to the community that clandestine photography or malicious dissemination of intimate images will not be tolerated and that there are serious consequences for committing the relevant offences, thereby achieving a deterrent effect and protecting possible victims. Through high-profile law enforcement actions as well as publicity and education, the Police have been combatting voyeurism-related acts on all fronts to protect the privacy of the public.
The reply to the Member's question is as follows:
(1) The statistics on cases received by the Police, and the relevant numbers of arrests, prosecutions and convictions since voyeurism-related offences since the Crimes Ordinance (Cap. 200) came into effect in October 2021 are tabulated at Annex. In 2024, for the offence of voyeurism, the Police received 172 cases and arrested 107 persons; 59 persons were prosecuted. For the offence of unlawful recording or observation of intimate parts, the Police received 350 cases and arrested 252 persons; 193 persons were prosecuted.
(2) According to the Police's statistics, in nearly 98 per cent of the offences of voyeurism and unlawful recording or observation of intimate parts in the past year, offenders used smartphones with camera functions that they carried with them to commit the crimes. Most of these cases occurred in places with high pedestrian flow, such as public transport, transport stations, and shopping malls. The offenders took the advantage of the crowdedness to follow the victims when boarding or alighting from the vehicles or when taking the escalators, and surreptitiously took photos with their smartphones, which were handy and not easily spotted.
There are of course still cases involving the use of other general photographic equipment, which can be purchased from various channels. Similar to smartphones, the intended purposes of most of these types of photographic equipment are proper and legitimate. For example, to provide better care for elderly living alone, many families install video cameras at home, so that family members can render timely assistance to the elderly persons when they need help. Therefore, we are of the view that regulation on photographic equipment or its purchasing channels may not be the most direct and effective way to combat such crime. The Government needs to strike a balance between combatting crime and protecting the rights of the public to reasonably use technology products.
(3) On using architectural designs that prevent clandestine photography, the Police will continue to strengthen collaboration with public transport operators, shopping malls, public housing estates, private residential buildings and property management agencies, encouraging them to take into consideration the prevention of voyeurism-related offences in their overall crime prevention plan. The Police will also advise and encourage different stakeholders to conduct on-site reviews to ensure the safety of their venues. The Police are ready to offer advice on access control, illumination, mirror installation, coverage of closed circuit televisions, etc. to minimise the risks of crime. If necessary, professional advice can be sought from the Crime Prevention Bureau of the Police.
On law enforcement, the Police have been stepping up efforts to combat voyeurism-related acts, particularly targeting high-risk places such as public transport, shopping malls and changing rooms. The Police have also been implementing anti-crime operations and intelligence-led operations to enhance the effectiveness of law enforcement.
As for preventive measures, through ongoing collaboration with various stakeholders by way of publicity and education, the Police seek to heighten public vigilance and proactively disseminate messages on alertness against clandestine photography. Topics such as ways to identify suspected acts of clandestine photography and self-protection measures in different places (such as changing rooms and toilets) are covered. The Police also encourage citizens to come forward to report crimes.
The Police have also produced posters, videos and publicity stickers on prevention of voyeurism-related acts, and distributed them through channels such as schools, shopping malls, public transport and government venues. Besides, the Police regularly organise crime prevention seminars and community activities to brief the public on relevant legislation and ways of self-protection. To further boost the publicity effects, the Police have uploaded relevant information, including educational videos and publicity posters, on the offence of voyeurism and prevention of clandestine photography on the website SafeCity.HK for public access and downloading.
The Police call on members of the public to heighten their vigilance. In case suspected acts of clandestine photography are identified, they should not hesitate to report the crime and provide evidence to assist in the Police investigation. We will continue to combat voyeurism-related acts on all fronts through high-profile law enforcement actions, publicity and education to protect the privacy of the public.
Ends/Wednesday, May 7, 2025
Issued at HKT 14:35
Issued at HKT 14:35
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