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The following is issued on behalf of the Law Reform Commission:
 
     The Law Reform Commission of Hong Kong (LRC) published a report on the Review of Substantive Sexual Offences today (December 5), making final recommendations for the reform of substantive sexual offences in the Crimes Ordinance (Cap 200). These recommendations include the creation of a range of non-consensual sexual offences such as a new offence of sexual penetration without consent, a uniform age of consent of 16 years old in Hong Kong, the creation of a range of new sexual offences involving children and persons with mental impairment (PMIs) which are gender neutral, and the reform of a series of miscellaneous sexual offences such as incest, exposure, bestiality, necrophilia and homosexual-related buggery and gross indecency offences.
 
     The report follows a study on the overall review of substantive sexual offences by the LRC’s Review of Sexual Offences Sub-committee, chaired by Mr Peter Duncan, SC, which issued three consultation papers in September 2012, November 2016 and May 2018. In April 2019, the LRC expeditiously published a report recommending the introduction of a new offence of voyeurism and a new offence in respect of non-consensual upskirt photography. The responses to the consultation papers have been taken into account in formulating the final recommendations in the two reports published in April and December.
 
     Some of the main final recommendations contained in the report are:
 
(1) Discarding the term “rape” to name the offence “sexual penetration without consent”, and the offence should cover penetration of the vagina or anus, and penile penetration of the mouth of another person;
 
(2) Abolition of the offence of “non-consensual buggery”, so that the conduct which is the subject of such an offence would be covered in future by the gender-neutral offence of sexual penetration without consent;
 
(3) Substituting the offence of “indecent assault” with a new offence of “sexual assault” focusing on conduct which is “sexual” rather than “indecent”, with a proposed definition of “sexual”. It is considered that this would best accord with the principle of respecting one’s sexual autonomy;
 
(4) There should be a uniform age of consent in Hong Kong of 16 years of age, which should be applicable irrespective of gender and sexual orientation;
 
(5) Offences involving children and young persons should be gender-neutral with two separate types of offences, one involving children under 13 and the other involving children under 16, and capable of being committed by either an adult or a child;
 
(6) Consensual sexual activity between persons who are aged between 13 and 16 should continue to be criminalised while recognising the existence of prosecutorial discretion;
 
(7) The creation of a new offence of sexual grooming to protect children against paedophiles who might groom them by communicating with them on a mobile phone or on the Internet to gain their trust and confidence with the intention of sexually abusing them;
 
(8) The proposed new offences involving PMIs should apply to a mentally disordered person or mentally handicapped person (as defined in the Mental Health Ordinance (Cap 136)) whose mental disorder or mental handicap, as the case may be, is of a nature or degree that the person is incapable of guarding himself or herself against sexual exploitation;
 
(9) The offence of incest should be reformed to become gender-neutral; to cover all penile penetration of the mouth, vagina and anus and other forms of penetration; and be extended to cover uncles (aunts) and nieces (nephews) who are blood relatives as well as adoptive parents;
 
(10) The proposed creation of a new offence of sexual exposure to cover exposure of one’s genitals in private or public in a sexual manner targeting a specific victim;
 
(11) Replacing the existing offence of bestiality with an offence of sexual intercourse with an animal;
 
(12) The creation of a new offence of sexual activity on a dead person; and
 
(13) The abolition of a number of the existing homosexual-related offences.
 
     Copies of the report are available on request from the Secretariat of the LRC at 4/F, East Wing, Justice Place, 18 Lower Albert Road, Central, Hong Kong. The report can also be accessed on the website of the LRC at www.hkreform.gov.hk.

  

     Following is the speech by the Chief Executive, Mrs Carrie Lam, at the Business of IP Asia Forum this morning (December 5):
 
Deputy Commissioner Gan (Deputy Commissioner of the National Intellectual Property Administration Mr Gan Shaoning), Peter (Chairman of the Hong Kong Trade Development Council (HKTDC), Dr Peter Lam), Margaret (Executive Director of the HKTDC, Ms Margaret Fong), Victor (Director of the Hong Kong Design Centre, Dr Victor Lo), Edmund (Executive Director of the Hong Kong Design Centre, Dr Edmund Lee), ladies and gentlemen,
 
     Good morning. This is the third year in a row I’ve had the honour of joining you for the opening ceremony of the Business of Intellectual Property Asia Forum. And I must say it’s gratifying to be here, to have this opportunity to thank you, each and every one of you, for your clear and compelling commitment to Hong Kong. I understand the Forum has attracted more than 75 expert speakers who are intellectual property (IP) professionals and business and finance leaders from Hong Kong, the Mainland, throughout Asia and around the world. In the forum today and tomorrow, you will catch up on the latest developments in the IP world, and have the opportunity to network, share insights and experience and, of course, to explore business and partnership opportunities.
 
     IP is built on co-operation. Today’s business world is characterised by sharply defined division of labour. Few companies or individuals can afford to make everything, to do everything, on their own. While comics’ artists, for example, may have an abundance of creativity, most will need to partner with manufacturers through IP licensing to get their work out to the world, to expand their artistry from pure comics to expanded commercial opportunities, for example, in stationery, clothing, houseware and a wealth of other product and service inspirations. Similarly, for many scientific inventors, their value can be best realised by coupling with other technologies to make more advanced machinery and equipment.
 
     In short, despite the exclusive nature of IP rights, there is great incentive to pursue partnerships among individuals, companies and industries, even economies. Ideally, such collaboration heightens innovation and boosts business promise.
 
     Promoting innovation is a central priority of my Government. We encourage companies to invest in research and development (R&D), and we enable their efforts in numerous ways. The Government, for example, has amended the tax law, providing a two-tiered rate of tax deduction for expenditures incurred in R&D activities. The deduction works out to 300 per cent for the first HK$2 million invested in R&D – that’s about US$260,000 – in qualifying R&D expenditures incurred by companies, and 200 per cent for the remainder, and what’s more, without any upper limit.
 
     We place significant emphasis on nurturing local I&T (innovation and technology) talent, while expanding our efforts to attract technology talent from overseas as well as Mainland China. We are also trying to bring in world-renowned institutions through the establishment, at a cost of about US$1.3 billion, of two research clusters at the Hong Kong Science Park – one focused on healthcare, the other on artificial intelligence and robotics. To date, we’ve received more than 60 proposals from leading international universities and research institutions, all eager to establish a base in one of the clusters, collaborating with Hong Kong research institutions in mid- and downstream R&D projects. Indeed, we expect some of the institutions will begin operation in the next few months. With the experience gained from the first two clusters, we will actively explore the establishment of a third research cluster to promote global R&D collaboration in Hong Kong.
 
     In addition, Science Park is beginning the next phase of its expansion programme. The goal is clear: to expand support facilities and value-added services for Hong Kong’s fast-growing I&T community.
 
     There’s much more in the works. In partnership with the Shenzhen Government, we are developing a major innovation and technology park near the boundary with Shenzhen. The park will serve as a regional and international base for co-operation in scientific research. Companies establishing R&D centres in the park will, of course, find themselves with ready access to the Mainland. My Government has set aside US$2.6 billion for the initial development of the park, with the first batch of I&T buildings scheduled for completion by the year 2023.
 
     The concerted efforts and achievements of many others are helping to build our I&T sector, I’m pleased to say. GRST Holdings, for example, a Hong Kong-based green tech company, has developed Watmar3. The water-based technology is used to make and recycle high-efficiency lithium-ion batteries. The innovation was awarded top prize at the 47th International Exhibition of Inventions of Geneva in April. The new technology has been patented in a number of places and will have much to contribute to sustainable development.
 
     Creating innovative products and offerings would be extremely difficult without a strong and internationally respected IP regime. Hong Kong attaches great importance to intellectual property. And, I am pleased to note, our ranking has climbed from ninth place to fifth place, overall, in the Global Competitiveness Report’s “IP Protection” section. The Report is produced annually by the World Economic Forum. About 140 economies were included in the Global Competitiveness Report, showcasing, once again, Hong Kong’s IP regime and the high degree of confidence it enjoys with the international business community.
 
     That said, we are continuing to enhance our intellectual property regime, determined to ensure that it remains a leader in attracting global business. In February, my Government introduced a bill into the legislature. It will enable Hong Kong to implement the international registration system under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks. The Madrid Protocol, in short. The Bills Committee has completed its scrutiny of the bill, and we look forward to its early enactment. Tomorrow, by the way, the Main Forum will focus on legal issues and the business of IP. The afternoon-long session will include a spotlight on the Madrid Protocol and its implementation in Hong Kong.
 
     Then in May, our Judiciary set up an IP specialist list, making it easier to assign specialist judges for IP cases, particularly those of a highly technical nature. This should reduce the costs and time needed for the resolution of disputes involving IP matters in our courts. And, two weeks from today, Hong Kong will launch an original grant patent system. This will offer an alternative route for patent applicants seeking standard patent protection here in Hong Kong. Applicants will have the option of filing standard patent applications directly here in Hong Kong, without having to make prior filing with a patent office outside Hong Kong, as is now required. I’m confident these and other measures will enhance Hong Kong’s competitiveness and help enable our long-term development as the region’s innovation and IP trading hub.
 
     Certainly, the Belt and Road Initiative and Guangdong-Hong Kong-Macao Greater Bay Area development will create wide-ranging, far-reaching opportunities for Hong Kong companies and the international companies that work with Hong Kong, in IP trading and business and investment generally. The Mainland, after all, was ranked second worldwide as a source of international patent applications filed via the World Intellectual Property Organization in 2017. And China was the only country to record a double-digit annual growth rate of 13.4 per cent that year. You can hear more about IP infrastructure and business opportunities in the Greater Bay Area later this morning, at Breakout Session ll.
 
     And, just a reminder, as Margaret has shared with us, this Forum is part of Innovation & IP Week. The event began in November and continues through much of this month, with a series of conferences, exhibitions and workshops, including DesignInspire. An exhibition focused on design and innovation, DesignInspire opens today and runs through Saturday, open both to the trade and the public.
 
     Ladies and gentlemen, I wish you the best of business at the BIP Asia Forum and a very rewarding year ahead. Thank you very much.

    

     The Secretary for Development, Mr Michael Wong, will depart for Shenzhen this evening (December 5) to attend a symposium on cultural heritage collaboration in the Guangdong-Hong Kong-Macao Greater Bay Area tomorrow. He will speak at the opening session of the symposium.
      
     Jointly organised by the National Cultural Heritage Administration and the People’s Government of Guangdong Province, the symposium aims to provide a platform for experts, academics and enterprises within the Guangdong-Hong Kong-Macao Greater Bay Area to discuss experience in resources integration and revitalisation of cultural heritage.
      
     Mr Wong will return to Hong Kong tomorrow afternoon.
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The following is issued on behalf of the Hong Kong Housing Authority:

     With Christmas approaching, the Hong Kong Housing Authority (HA) is launching Christmas promotions in its shopping centres to share the joy with the public in this festive season. The HA strives to provide a wide range of activities in its shopping centres to enhance the provision of services to residents and the business environment. 
 
     “Residents may visit the HA shopping centres for Christmas festive fun and to find gift ideas for their family and friends. They may also visit games booths and enjoy stage performances,” a spokesman for the HA said today (December 5).
 
     At the HA’s regional shopping centre Domain in Yau Tong, Kowloon, the lovely penguin Pororo is the star of the shopping centre. Embellished with colourful decorations, the shopping centre is a good place for people to take Christmas photos. Moreover, there is a snowy slide and other games for children.
 
     In the afternoon on Christmas Day (December 25) and New Year Day (January 1, 2020) there will be artistes’ performances, and a lucky draw will be held from December 7, 2019, to January 1, 2020, with fabulous prizes. The most impressive grand prize is a five-door hatchback vehicle.
 
     As for the HA’s other shopping centres, there will be variety shows at Choi Tak and Lei Muk Shue Shopping Centres by artistes on Christmas Day, and at Hung Fuk and Mei Tin Shopping Centres on Boxing Day (December 26) respectively from 2.30pm to 4pm.
           
     There will be booth games, balloon twisting, snack stalls and Santa Claus parades at Choi Tak, Ching Long, Kwai Chung, Lei Muk Shue, On Kay and Siu Hong Shopping Centres on Christmas Day, and at Mei Tin, Hoi Lai, Hung Fuk, Tin Yan and Nam Shan Shopping Centres as well as Ping Shek Estate and Shui Chuen O Plaza on Boxing Day. For details, please refer to the shopping centre posters.
      
     In the afternoon on Christmas Day and Boxing Day, shoppers may redeem gifts at So Uk, On Tai, Choi Tak, Ching Long, Kwai Chung, Mei Tin, Hoi Lai, Lei Muk Shue, On Kay, Siu Hong, Hung Fuk, Tin Yan and Nam Shan Shopping Centres as well as Ping Shek Estate and Shui Chuen O Plaza subject to spending requirements and daily quotas on a first-come, first-served basis.
 
     To encourage visits to HA shopping centres, free parking will be provided to shoppers at Domain and Yau Lai Shopping Centre in Yau Tong upon spending a designated amount.
 
     For shoppers’ convenience, free Wi-Fi services have been provided since the end of November 2019 in 18 of the HA’s shopping centres, namely Domain, Cheung Lung Lane, Choi Ying Place, Cheung Ching Commercial Complex, Ching Lai Commercial Centre, On Kay Commercial Centre and Lung Poon Court Commercial Centre as well as Choi Tak, Hung Fuk, Nam Shan, Shek Mun, Ying Tung, Pok Hong, Hoi Lai, Mei Tin, Shek Pai Wan, Shek Kip Mei and On Tat Shopping Centres.

      

     The Water Supplies Department today (December 5) announced that due to water mains alteration works, the flushing water supply to some areas in Kowloon East will be suspended from 9am to 5pm on December 12.    &nbsp… read more