doc_id
int64 1
172
| seg_id
int64 1
397
| translation
dict |
|---|---|---|
17 | 21 |
{
"en": "1st count",
"zh-HK": "控罪1"
}
|
17 | 22 |
{
"en": "1)X (PW2) was video-interviewed by the police on 7 April 2009. At that time she was studying in junior [secondary] 2. The account she gave was that because she was a child of a poor family, she was sent by the government to the Centre when she was in primary 3. Later, when she was in primary 5, the applicant began to provide her with bank cards, mobile telephones, MP3s and pocket money. Gradually she became used to it and accepted gifts and money without thinking about what consequences that would lead to.",
"zh-HK": "1)X(PW2)在2009年4月7日與警方進行錄影會面。她當時讀初二。她說由於家貧，在小學三年級時被政府送去該中心，後來在五年級時，申請人開始將銀行卡、手機、MP3同零用錢等等提供給她。慢慢她便習慣了，從來都不問後果就收下禮物和金錢。"
}
|
17 | 23 |
{
"en": "2)One day at noon during the second term of X’s primary 5 school year, she went to the Centre. She did not see the applicant. Then she telephoned him to ask him to come back for lunch, but she learnt that he was with an old female inmate called Huiming [transliteration of 輝明]. Huiming asked X to go to Fo Xin Hostel, which was in the vicinity, to meet her. When X got to the hostel, Huiming said that she was hungry and the applicant told her to go to buy some bread. Huiming was away for a long time and still did not come back. The applicant made use of this opportunity and had sexual intercourse with X in a room. X said that the applicant forcibly removed her clothes. She resisted and told him to go away but she was weaker than him in terms of physical power, so in the end he penetrated into her private parts.",
"zh-HK": "2)她讀五年級，應該是下學期的某一天中午，X返回該中心，見不到申請人，她打電話叫他回來吃午飯。但得悉他原來與一名舊女院友“輝明”在一起，而“輝 明”亦叫X去附近的「佛馨旅舍」見面。X到了旅舍後，“輝 明”說肚餓，申請人便叫她去買麵包，但“輝 明”一去便去了很久，而申請人就趁機在房內與X發生性行為。X說當時申請人強行將她的衣服脫去。她反抗，叫他走開，但不夠申請人力大，故此最後被申請人插入下體。"
}
|
17 | 24 |
{
"en": "3rd count",
"zh-HK": "控罪3"
}
|
17 | 25 |
{
"en": "3)The applicant told three girls, namely X, Wang Zhilan and Y to join him to accompany an inmate called Jiao Jiao [transliteration of 嬌嬌] to her hometown. Subsequently they stayed overnight at Bulangshan Nong Mao Market Reception House. The applicant and the girls occupied the same room, in which there were three beds. Wang Zhilan and Y each slept on one bed, while X and the applicant slept on the remaining one. After supper, they came back and sat on the beds to watch television. When Wang Zhilan and Y seemed to have gone asleep, the applicant touched X with his hands, took off her trousers and had sexual intercourse with her. He did not use any condom. He ejaculated on X’s belly and then cleaned himself with paper. It seemed that the television was on when this was happening. The applicant did not say anything and the sexual intercourse position was the man lying on top of the girl.",
"zh-HK": "3)申請人叫X、“王 志 蘭”同Y三個女童，與他一同送一名叫“嬌 嬌”的院友回鄉，後來在「布朗山農貿市場招待所」留宿，申請人和她們共住一房間，內有三張床。“王 志 蘭”和Y各自睡一張，X和申請人睡在另一張。吃完晚飯回來後他們坐在床上看電視。“王 志 蘭”同Y好像睡著了，申請人便伸手摸X，除掉她的褲與她性交。申請人沒有用避孕套，他在X的肚皮射精，然後再用紙替自己清潔，期間電視好像開著，而申請人就沒有講過什麼，性交的動作是男上女下。"
}
|
17 | 26 |
{
"en": "4)Wang Zhilan gave evidence that during the first night of their stay at Bulangshan, she saw that the applicant and X slept on the same bed and that some bodily movements, which appeared to be sexual intercourse movements, were going on under the quilt.",
"zh-HK": "4)“王 志 蘭”作供時稱在布朗山第一晚留宿時，看見申請人和X睡在同一張床及在被下進行疑似性交的動作。"
}
|
17 | 27 |
{
"en": "5th count",
"zh-HK": "控罪5"
}
|
17 | 28 |
{
"en": "5)The applicant and X had sexual intercourse also in the Centre. [She] could not remember how many times there had been, or the circumstances in which the first time happened. The occasion of which she had the clearest memory was that one day she went to the applicant’s room to play with the computer. She played for a long time until one o’clock in the small hours. The applicant, after cleaning his face and brushing his teeth, entered the room and locked the door. He told X not to leave and asked her to stay and sleep with him. X said she wanted to play a while longer, using that as an excuse for not doing what he said, but the applicant simply switched off the computer. At last, X gave in to the applicant’s persuasion. She stayed in the room and lay on the bed with the applicant, who kissed her mouth to mouth, caressed her, removed her clothes and made love to her, proceeding in the same position as usual, i.e. the applicant on top of X. Finally, he ejaculated on X’s thigh. Then [they] cleaned [themselves] and they slept together in the room until daybreak. In the course of doing this, the applicant did not say anything.",
"zh-HK": "5)在該中心裡面X和申請人亦發生過性行為，次數不記得，第一次如何發生亦不記得。但最記得有一次是X去申請人房間玩電腦，玩了很久直至凌晨一點，申請人洗面、刷牙後入房鎖門，叫X不要走，留下陪他睡，X推搪說要再玩一會，申請人就索性連電腦都關掉，終於經過一輪說服之後，X留下和申請人在床上親嘴、愛撫、寬衣、性交，姿勢同往常一樣，男上女下，最後申請人在X大腿射精，接着清洗，一齊在房內睡到天光，期間申請人沒有說話。"
}
|
17 | 29 |
{
"en": "6)X said that when the above happened, it was probably the second term of her primary 6 school year, and that the weather was a bit cold at the time.",
"zh-HK": "6)X說事發時，她應該是讀6年級下學期，當時天氣有少少冷。"
}
|
17 | 30 |
{
"en": "6th count",
"zh-HK": "控罪6"
}
|
17 | 31 |
{
"en": "7)Besides having sexual intercourse with X, when the applicant was having video chats with her on line, there were occasions on which the applicant told X to strip herself and also on which the applicant exposed his private parts to X and even masturbated himself, leading to ejaculation. This happened two or three times in total. On one occasion, other people were present and they saw images transmitted through the internet, showing what the applicant was doing. In the Centre, only the applicant’s room was equipped with a computer. When he was in Hong Kong and wanted to call the people of the Centre together for a meeting, he would telephone the Centre to ask them to switch on the computer so that he could talk with them. X had a key to [the door of] the applicant’s room, so she could often enter the room to play and could also ask her friends to come to accompany her. One night during the first term of her primary 6 school year, X asked Y and Wang Zhilan to sleep with her in the applicant’s room. On that occasion, X chatted with the applicant through the internet and what described above took place. X and Yang Gaiying, the housekeeper of the Centre, each had a key to [the door of] the applicant’s room, but other people did not.",
"zh-HK": "7)除性交之外，申請人曾經在網上用視頻和X談話時要她除衫，申請人亦試過向X展示下體，甚至自瀆、射精，這情況一共試過兩、三次。有一次還有其他人在場看到申請人在網上的行為。該中心只有申請人的房間有電腦，如果他在香港，但又想召集該中心的人開會，就會打電話過來叫他們開電腦，進行對話。由於X有申請人的房間鎖匙，她可以經常入去玩，亦可叫朋友陪她。在6年班上學期的某一晚，X叫Y和“王 志 蘭”陪她在申請人房間睡時，X與申請人在網上傾談並發生上述的情況。X和該中心保姆“楊 改 英”各自擁有一條申請人房間鎖匙，其他人則沒有。"
}
|
17 | 32 |
{
"en": "8)Both Y and Wang Zhilan gave evidence that on the night in question they saw that on the computer screen the applicant exposed his private parts to X. Wang Zhilan and Yang Gaiying also said that they had seen X and the applicant going together into the bathroom to take a bath.",
"zh-HK": "8)Y和“王 志 蘭”作供時均稱當晚她們看見申請人在電腦屏幕上向X展露下體。“王 志 蘭”和“楊 改 英”亦說他們曾看見X和申請人一起進入衛生間洗澡。"
}
|
17 | 33 |
{
"en": "9)X said that she called the applicant sworn father and looked upon him as a benefactor because he had helped her. The applicant went to the Centre three or four times a year; mostly at the time of the payment of school fees at the beginning of a school term. According to X, sexual intercourse had taken place in the Centre for more than 10 times. On some of these occasions the applicant asked X to stimulate his private parts by her hands or her mouth, but X helped him by using only her hands.",
"zh-HK": "9)X說她叫申請人做乾爹，視他為恩人，因為受過申請人的幫助。申請人一年返該中心三、四次，主要在新學期交學費時。X還說在該中心裡面發生性行為次數超過十次，性交時申請人曾試過要求X用手或口刺激他的下體，不過X就只是用手幫他。"
}
|
17 | 34 |
{
"en": "10)A forensic pathologist examined X on 8 April 2009 and found that her hymen had been completely torn in the past. The condition of the tear showed that something, perhaps a penis, had definitely pierced the hymen, resulting in the damage.",
"zh-HK": "10)法醫在2009年4月8日檢查X，發現X的處女膜已於過往完全地撕裂，根據撕裂的情況，可以斷定之前曾有例如陰莖的物件穿過處女膜造成損害。"
}
|
17 | 35 |
{
"en": "7th count",
"zh-HK": "控罪7"
}
|
17 | 36 |
{
"en": "11)Y moved into and lived in the Centre in 2005 when she was studying in primary 5 and she left there after primary 6. Sometime between 7 and 8 p.m. one day during the second term of her primary 6 school year, when Y and Huiming were sleeping in the lower bunk of a bunk bed in a room on the second floor, the applicant suddenly entered the room and fondled Y’s breasts with his hands. Y resisted but she was weaker in strength than the applicant. After a while, he left on his own.",
"zh-HK": "11)Y在2005年讀小五時入住該中心並在小六後離開該處。小六下學期一個晚上7、8時，當Y和“輝 明”在2樓房間內一張碌架床下格睡時，申請人突然進入房間並用雙手撫摸Y的胸部。Y反抗但不及申請人大力。過了一會，申請人便自行離開。"
}
|
17 | 37 |
{
"en": "Defence case",
"zh-HK": "辯方案情"
}
|
17 | 38 |
{
"en": "12)The applicant gave evidence and he denied all these accusations. He contracted poliomyelitis when he was one year old. His legs became crippled and he needed supporting equipment in order to walk. A doctor advised him to use a walking frame, but due to his sense of inferiority, he thought that the sight of his using it did not look nice, so he did not use it. However, he had been using a walking stick for 20 years or so. Without it his movements would have been much restricted and he would have become prone to fall or tumble because his left leg was completely strengthless.",
"zh-HK": "12)申請人作供否認上述指控。他在一歲時染上小兒麻痺，雙腳殘疾，要用器材輔助行路。醫生亦叫他用腳架，但因他自卑覺得不好看便沒有用。但他用了十多二十年拐杖，否則行動會不方便，容易跌倒，因為他的左腳完全沒有力。"
}
|
17 | 39 |
{
"en": "13)During each visit to the Centre, he would stay for about two weeks; but more than half of the time would be spent on making visits outdoors. He would take photographs and make reports about his visits. After doing these, he would send emails to the sponsors and upload the information onto the internet. After he returned to Hong Kong, he would store the photographs in the computer. The dates and captions of the photographs were determined and designed according to the information contained in the files which were made for the purpose of keeping the photographs taken during each of his journeys; for example, the period during which he took Jiao Jiao to her hometown in Buhangshan was 4 to 6 May 2007.",
"zh-HK": "13)申請人每次返回該中心大約逗留兩星期，不過超過一半時間會在外面探訪。他會拍照及做探訪報告，之後發電郵給贊助人和將資料放上網。他回港後會將有關相片下載電腦。而每張相片的日子及標題是根據為收錄每次行程的相片而製作的文件夾內的資料得出來的。例如他帶“嬌 嬌”返回布朗山鄉下就是2007年5月4至6號。"
}
|
17 | 40 |
{
"en": "14)The applicant claimed that he had never told any child in the Centre to go into the bathroom and stay inside together with him. He said he had only asked some children in the Centre to bring some articles of everyday use into the bathroom to give them to him so that he could take a bath.",
"zh-HK": "14)申請人稱他從來沒有叫過任何院童一齊入去衛生間逗留。他只曾叫過院童遞日用品入衛生間給他洗澡。"
}
|
17 | 41 |
{
"en": "15)According to him, in September 2006 X, Y and Huiming were all in the Centre, but during the period in which the applicant visited the Centre two times (i.e. between November 2006 and February 2007) Huiming was gone. As far as he knew, Huiming did not want to go to school, she wanted to look for a job instead. As for X, she returned to her hometown upon completion of primary 6, because her academic performance was poor and she assaulted someone in the Centre. The applicant did not really expel her from the Centre. He just wanted her to go to Menhhai Secondary School to be a boarder, but X did not want to go there and she made her own decision to return to her hometown in Menghai.",
"zh-HK": "15)他亦說在2006年9月，X、Y同“輝 明”都在該中心，不過“輝 明”就在申請人兩次返回該中心期間走了(即2006年11月至2007年2月)，據知“輝 明”不想讀書，要找工作。至於X，她在完成小六之後便返回鄉下，因她成績差及在院內打人。申請人沒有真的趕她走，只是要她去勐海中學寄宿，X不願意才自己決定返回勐滿家鄉。"
}
|
17 | 42 |
{
"en": "16)He said that on one occasion Wang Zhilan and Y refused to give help to move some articles and were sternly reprimanded by him. Apart from that, when Wang Zhilan was at the junior secondary education stage, she had poor academic results and her manners were bad. For these reasons she was sent to a boarding school, but subsequently she returned to the Centre. Similarly, after Y finished primary education, she was criticized by her teacher for her bad academic performance and was even told by her teacher that she should not go to school anymore. It was only because the applicant interceded for her that she could continue to receive education. Subsequently, however, Y chatted on the phone all day long and was scolded by the applicant.",
"zh-HK": "16)他亦說有一次“王 志 蘭”和 Y不肯幫手搬東西，他嚴厲斥責他們。此外，“王 志 蘭”曾經在初中時段成績差、態度欠佳，被送去寄宿學校，之後才返回該中心。同樣，Y讀完小學之後，老師嫌她成績差，叫她不要再讀，最後要申請人幫她求情才可以繼續升學，但之後Y又整天傾談電話，所以給申請人責駡。"
}
|
17 | 43 |
{
"en": "17)Regarding the incident in Bulangshan Nong Mao Market Reception House, the applicant stated that according to the information stored in the computer files, the journey should have taken place from 2 to 4 May 2007. As Jiao Jiao was only 7 years old, the applicant worried that he could not take care of her properly due to the difficulties he had in getting about. He therefore asked the children in the Centre who would like to go with him. The result was that X, Y and Wang Zhilan were willing to go with him. It was a long journey and Jiao jiao’s home was not big enough to accommodate all of them, so the itinerary he worked out was that for two nights they would sleep in a hostel. At night, he alone slept on the bed closest to the door, while the other two beds were allocated by the three girls themselves. The activities for the following day were that they first went to a restaurant to have lunch and then to Jiao Jiao’s home to play. They returned to the hostel after supper. Nothing happened on that night just as nothing happened on the first night. They left early in the morning on the third day.",
"zh-HK": "17)就「布朗山農貿市場招待所」事件，申請人聲稱根據電腦文件夾資料顯示那次行程應該是2007年5月2至4日。因“嬌 嬌”只得7歲，申請人怕他自己行動不便，照顧不到她，故此問院童誰有興趣同行，結果是X、Y同“王 志 蘭”願意同行。由於路途遠，所以原本已經打算住兩晚旅館，因為“嬌 嬌”家不夠地方招呼他們。晚上是他一個人睡最近門口的那張床，其餘兩張床則由三名女童自行分配。至於第二天行程，就是先到餐館午飯，然後再去“嬌 嬌”家裏玩耍，食完晚飯後返回旅館，當晚同第一晚一樣，沒有任何事發生，第三日早上他們一早就離開。"
}
|
17 | 44 |
{
"en": "18)In the Centre, any bodily contacts the applicant had with the children were limited to those necessary in their daily life and in their games, and absolutely nothing more than that. The computer in his room was used for two purposes: 1. To show, through its connection with the closed circuit TV, what was going on at the main door on the ground floor and in the sitting rooms on the two storeys; 2. To talk, chat or hold meetings with individual inmates or all the inmates through the video chatting function. He denied he had ever used it to expose his private parts. He protested that the Fo Xin Hostel incident was sheer fiction. He said he had never been to that place and had not even heard of it.",
"zh-HK": "18)在該中心內，申請人與院童的身體接觸只限於生活和玩耍的層次，絕無其他。他房內的電腦就有兩個功能：一，透過閉路電視看到地下大門與兩層大廳的狀況；二，透過視頻與個別或所有院童談話、閒談或者開會，露體則絕對沒有。申請人亦說「佛馨旅舍」事件根本是子虛烏有，他從沒有聽過或去過該地方。"
}
|
17 | 45 |
{
"en": "19)The applicant explained that he gave more money to X than to others because he wanted to financially support the elder sister and other family members of X. He said another inmate, who was called Hui Zi, also had a bank card. At the early stage of Yang Gaiying’s service at the Centre, he was not sure how long Yang Gaiying would work there, so he gave the bank cards to X and Hui Zi. These two children were more senior in age and had a sense of responsibility. He let them have the cards as a precaution against contingencies. As for the keys to the door of his room, initially only Yang Gaiying had a key. However, she was lazy and she just gave it to the inmates so that they could take turns to enter the room to clean it, and as a result the key was lost. Subsequently, he had a number of duplicate keys made and X said she had one of them.",
"zh-HK": "19)申請人解釋他給X的錢比其他人多，原因是他要資助X的姊姊及家人，另外一名院童“會 支”亦有一張銀行卡，因“楊 改 英”初到該中心工作時，他不知道“楊 改 英”會做多久所以把銀行卡交給X和“會 支”，兩名年齡較大及有責任心的院童負責以備急時之需。至於他的房門匙，原本只有“楊 改 英”一個有，不過因她懶，直接交給院童輪流入去打掃而不見了，後來配多幾條，X便聲稱擁有其中一條。"
}
|
17 | 46 |
{
"en": "20)He said that the rent for renting a room at the hostel at Bulangshan was low, just 30 to 40 yuan per night, but he rented one room only. He said the reason was that he had to take care of the children.",
"zh-HK": "20)他亦說儘管布朗山的旅館租金很平宜，三至四十元一晚，他只租一間房間的原因是要看管小朋友。"
}
|
17 | 47 |
{
"en": "21)Lastly, the applicant claimed that starting from 2002 he had problems concerning erection. In 2004, he sought treatment as an outpatient. In 2006, he was treated at the urological department. Acting on the advice given by the doctor, he took Viagra, but it was too expensive and the side effect was too strong. After discussion with his wife, he decided to stop using it.",
"zh-HK": "21)最後申請人聲稱他在2002年開始有勃起問題，2004年看街症，至2006年看秘尿科，結果經醫生建議，他試過服用「偉哥」，不過價錢太貴，副作用太大，所以他和太太商量過後決定不繼續服用。"
}
|
17 | 48 |
{
"en": "22)Doctor Chan, the second defence witness, gave evidence that from March 2000 up to the present the applicant was a patient of the orthopaedics department of Pamela Youde Nethersole Eastern Hospital. His medical history showed that due to poliomyelitis, both of his legs were weak, particularly the left leg, and that he had to walk with the support of a walking stick. The result of the assessment of the strength of his left leg and right leg was respectively point 3 and point 4. Point 3 meant that he was able to stand up to gravitation, i.e. he could walk. Point 4 meant that he could resist some outside forces other than gravitation; for example, the doctor using his hand to obstruct his walking movement. If he could completely kick away the doctor’s hand, that was point 5, which meant completely normal.",
"zh-HK": "22)辯方第2證人陳醫生說，申請人在2000年3月到現在都是東區那打素醫院骨科的病人，而根據病歷顯示，由於小兒麻痺症，申請人兩條下肢都較弱，尤以左腳為甚，要用手杖來輔助行路。他左右兩隻腳的力量評分依次為三分及四分，三分的意思是可以抗拒地心吸力，即可以行路，四分就是能夠抗拒地心吸力以外的一些外來力量，例如醫生伸手去阻擋腳步，如果完全可以踢開醫生隻手就是五分，完全正常。"
}
|
17 | 49 |
{
"en": "23)Dr. Chan said that when the applicant completely stood still, he could stand in that position for five to six minutes without the support of a walking stick; but that if he bent from the waist and in addition someone gave him a push, it would be very difficult for him to keep his balance; and that if he wanted to squat down, he would encounter even greater difficulties.",
"zh-HK": "23)陳醫生說申請人在沒有拐杖幫助下站立五、六分鐘，在完全企定的情況下是可以的，但如果要彎腰，再加上有人推他一下，他就好難保持平衡，如果要蹲下就更加困難。"
}
|
17 | 50 |
{
"en": "24)Dr. Chow, the third defence witness, testified that the applicant was referred by the Chaiwan Clinic in October 2004, that he came to the urological department of Pamela Youde Nethersole Eastern Hospital for treatment for the first time in March 2006, and that he was diagnosed as suffering from moderate degree erectile dysfunction. The meaning of moderate degree was that he could not succeed in having sexual intercourse every time he wanted, but this did not mean that he failed every time. He could, for example, be successful five times out of ten. However, that was the result of medication. Dr. Chow had no idea as to what his condition was before any medicine was prescribed for him or how he would perform without taking any medicine. The medicine in question was actually Viagra. Dr. Chow said that in all other aspects the applicant was normal; that is to say, there were no other reasons which led to his impotence except idiopathic causes.",
"zh-HK": "24)辯方第3證人周醫生證實，申請人2004年10月由柴灣診所轉介，2006年3月首次到東區那打素醫院秘尿科投診，最後被評定有中度勃起障礙，中度的意思就是不能每次都成功性交，不過亦不是每次都會失敗，例如十次就有五次好成功，不過是藥物治療下所得出的結果，至於未處方之前情況和沒有食藥的情況下是如何，周醫生就不清楚。有關藥物其實就是俗稱「偉哥」。此外，醫生說申請人其他一切正常，亦即是沒有自發性以外的原因令他陽痿。"
}
|
17 | 51 |
{
"en": "Grounds of appeal",
"zh-HK": "上訴理由"
}
|
17 | 52 |
{
"en": "The applicant put forward five grounds of appeal, of which grounds 2 and 3 are about matters of principle, in that ground 2 is about the constitutionality of the offences and ground 3 alleges that the applicant did not have a fair trial; while the other three grounds are about issues concerning the contents of each individual offence.",
"zh-HK": "申請人提出5項上訴理由。其中上訴理由2是涉及各項控罪違憲及上訴理由3是申請人沒有獲得公平審訊的原則性爭議。另外，其他3項上訴理由則涉及各項控罪個別內容的爭議。"
}
|
17 | 53 |
{
"en": "1)Ground of appeal 2: Unconstitutionality of the Offences",
"zh-HK": "1)上訴理由2：控罪違憲"
}
|
17 | 54 |
{
"en": "(1)Section 153P of the Ordinance",
"zh-HK": "(1) 《條例》第153P 條"
}
|
17 | 55 |
{
"en": "Section 153P of the Ordinance provides that:",
"zh-HK": "《條例》第 153P 的內容如下："
}
|
17 | 56 |
{
"en": "“153PExtra-territorial effect of sexual offence provisions listed in Schedule 2",
"zh-HK": "「153P附表2所列性罪行條文的域外法律效力"
}
|
17 | 57 |
{
"en": "Certain sexual offences committed against children outside Hong Kong; related arrangements and advertisements",
"zh-HK": "某些在香港以外地方對兒童犯的性罪行；相關安排及宣傳"
}
|
17 | 58 |
{
"en": "(1)Where –",
"zh-HK": "(1) 凡—"
}
|
17 | 59 |
{
"en": "(a)(i)a person who is a Hong Kong permanent resident or who ordinarily resides in Hong Kong;",
"zh-HK": "(a) 任何—"
}
|
17 | 60 |
{
"en": "(ii)a body corporate that is incorporated or registered in Hong Kong; or",
"zh-HK": "(i) 身為香港永久性居民或通常居於香港的人；"
}
|
17 | 61 |
{
"en": "(iii)a body of persons, whether corporate or unincorporated, that has a place of business in Hong Kong,",
"zh-HK": "(ii) 在香港成立或註冊的法人團體；或"
}
|
17 | 62 |
{
"en": "commits any act outside Hong Kong; and",
"zh-HK": "(iii) 不論是法團抑或不是法團的在香港有業務地點團體，在香港以外地方作出任何作為；而"
}
|
17 | 63 |
{
"en": "(b)the act –",
"zh-HK": "(b) 該作為—"
}
|
17 | 64 |
{
"en": "(i)would have constituted an offence under any of the provisions specified in Schedule 2 had it been committed in Hong Kong; and",
"zh-HK": "(i) 假若是在香港作出即構成附表2指明的任何條文所訂罪行；及"
}
|
17 | 65 |
{
"en": "(ii)is committed in relation to a person under the age of 16 or in the case of an offence under section 123 or 140, under the age of 13,",
"zh-HK": "(ii) 是就未滿16歲的人或(如屬第123或140條所訂罪行)未滿13歲的人而作出的，"
}
|
17 | 66 |
{
"en": "then the person or body shall be guilty of that offence.",
"zh-HK": "該人或該團體即屬犯該罪行。"
}
|
17 | 67 |
{
"en": "(2)Where any person or body of persons, whether corporate or unincorporated, commits any act outside Hong Kong that –",
"zh-HK": "(2) 凡任何人或任何不論是法團抑或不是法團的團體在香港以外地方作出任何作為，而該作為—"
}
|
17 | 68 |
{
"en": "(a)would have constituted an offence under any of the provisions specified in Schedule 2 had it been committed in Hong Kong; and",
"zh-HK": "(a) 假若是在香港作出即構成附表2指明的任何條文所訂罪行；及"
}
|
17 | 69 |
{
"en": "(b)is committed in relation to a person who is a Hong Kong permanent resident or who ordinarily resides in Hong Kong and is –",
"zh-HK": "(b) 是就身為香港永久性居民或通常居於香港且—"
}
|
17 | 70 |
{
"en": "(i)under the age of 16; or",
"zh-HK": "(i) 未滿16歲的人；或"
}
|
17 | 71 |
{
"en": "(ii)in the case of an offence under section 123 or 140, under the age of 13,",
"zh-HK": "(ii) (如屬第123或140條所訂罪行)未滿13歲的人，"
}
|
17 | 72 |
{
"en": "then the person or body shall be guilty of that offence.",
"zh-HK": "而作出的，該人或該團體即屬犯該罪行。"
}
|
17 | 73 |
{
"en": "(3)Where a defendant is charged with an offence that is an offence by virtue of subsection (1) or (2) and involves a sexual act done by him with or to another person, it is a defence for the defendant to establish that –",
"zh-HK": "(3) 凡被告人被控犯某項憑藉第(1)或(2)款而構成的罪行，而控罪涉及被告人與另一人或對另一人作出性行為，則如被告人證明以下情況，可以此作為免責辯護—"
}
|
17 | 74 |
{
"en": "(a)at the time of the sexual act, there existed between the defendant and that other person a marriage that was valid, or recognized as valid, under the law of –",
"zh-HK": "(a) 在該性行為作出時，被告人與該另一人之間存在根據以下法律屬有效或獲承認為有效的婚姻—"
}
|
17 | 75 |
{
"en": "(i)the place where the marriage was solemnized;",
"zh-HK": "(i) 舉行婚禮的地方的法律；"
}
|
17 | 76 |
{
"en": "(ii)the place where the sexual act was done; or",
"zh-HK": "(ii)作出該性行為所在地方的法律；或"
}
|
17 | 77 |
{
"en": "(iii)the place of the defendant’s residence or domicile;",
"zh-HK": "(iii)被告人的住所或居籍的所在地方的法律；"
}
|
17 | 78 |
{
"en": "(b)when it was solemnized, the marriage was genuine; and",
"zh-HK": "(b) 在舉行婚禮時，該婚姻是真實的；及"
}
|
17 | 79 |
{
"en": "(c)at the time of the sexual act, that other person consented to the sexual act.”",
"zh-HK": "(c) 在該性行為作出時，該另一人同意該性行為。」"
}
|
17 | 80 |
{
"en": "The provisions listed in Schedule 2 include section 124 (i.e. intercourse with girl under 16), section 146 (i.e. indecent conduct towards child under 16) and section 122 (i.e. indecent assault) of the Ordinance.",
"zh-HK": "附表 2 所列出的條款包括《條例》第 124 條(即「與年齡在 16 歲以下的女童性交」)，第 146 條(即「向年齡在 16 歲以下的女童作出猥褻行為」)及第 122 條(即「猥褻侵犯」)。"
}
|
17 | 81 |
{
"en": "(2)Background of the legislation",
"zh-HK": "(2) 立法背景"
}
|
17 | 82 |
{
"en": "Section 153P of the Ordinance originated from the Crimes (Amendment) Bill 1999, which was introduced into the Legislative Council on 7 July 1999 and eventually became law and was gazetted in 2003. We set out below relevant passages quoted from the Legislative Council Brief submitted by the Security Bureau to the Legislative Council on 8 January 2002:",
"zh-HK": "《條例》第 153P 條源自《1999 年刑事罪行(修訂)條例草案》，它於 1999 年 7 月 7 日提交立法會，最終於 2003 年立法及登憲。本庭節錄「保安局」於 2002 年 1 月 8 日提交的「立法會參考資料摘要」的其中相關內容："
}
|
17 | 83 |
{
"en": "“General Background",
"zh-HK": "「一般背景"
}
|
17 | 84 |
{
"en": "United Nations Convention on the Rights of the Child (UNCRC)",
"zh-HK": "聯合國《兒童權利公約》"
}
|
17 | 85 |
{
"en": "3.Under Article 34 of the UNCRC, which applies to Hong Kong, children should be protected from all forms of sexual exploitation and sexual abuse. Enacting legislation which prohibits child pornography and child sex tourism will be a positive step to implement the UNCRC.",
"zh-HK": "3．根據適用於香港的聯合國《兒童權利公約》的第34條，兒童應該受到保護，免被利用進行各類色情活動和免遭性侵犯。制定法例禁止兒童色情物品和涉及兒童的性旅遊活動，是執行上述公約的積極步驟。"
}
|
17 | 86 |
{
"en": "……",
"zh-HK": "……"
}
|
17 | 87 |
{
"en": "Child Sex Tourism",
"zh-HK": "涉及兒童的性旅遊活動"
}
|
17 | 88 |
{
"en": "7.Sexual exploitation of children is known to have international dimensions. Child sex tourism, that is, arrangements which enable adults to travel from their home countries to other places, in particular less-developed places, to engage in sexual activities involving children, is known to exist around the world. A number of countries, including Australia, the United States and many European countries, have enacted specific legislation against child sex tourism.",
"zh-HK": "7.利用兒童進行色情活動，可牽涉不同國家。據悉世界很多地方都有涉及兒童的性旅遊活動，即安排成年人離開本土前往其他地方，特別是較落後的地方，進行涉及兒童的色情活動。而很多國家，包括澳洲、美國和歐洲多國，都已有專門法例，打擊這類活動。"
}
|
17 | 89 |
{
"en": "8.Hong Kong, through regular liaison with overseas law enforcement agencies, has been maintaining a close watch on the problem and assisted in the investigation of a number of cases. However, the Crimes Ordinance does not prohibit local residents from exploiting children sexually in other places. Nor does it provide protection to local children who may be abducted outside the territory and become targets of child sex tours. Given the heinous nature of child sex tours and the need for joint international efforts, legal sanctions must be imposed on perpetrators who prey on local or overseas children. We therefore propose to introduce legislative amendments to provide extra-territorial effect to certain sexual offences under the Crimes Ordinance in respect of acts committed to children where the perpetrator or the victim has a nexus with Hong Kong.",
"zh-HK": "8.香港透過與海外執法機關定期聯絡，一直嚴密監察這方面的問題，並曾協助調查多宗這類案件。儘管如此，《刑事罪行條例》既沒有禁止香港人到外地利用兒童進行色情活動，也沒有條文保護本港兒童免在外地被誘拐，而淪為兒童性旅遊活動的受害者。由於這類活動極為罪惡，需要各國合力打擊，故我們必須透過立法，對踩躪本港或海外兒童的犯罪者施以制裁。因此，我們建議修訂法例，就《刑事罪行條例》所指的若干性罪行、如涉及與香港有關係的犯罪者或受害者的侵犯兒童行為，訂定域外法律效力。"
}
|
17 | 90 |
{
"en": "……",
"zh-HK": "……"
}
|
17 | 91 |
{
"en": "Proposals relating to child sex tourism",
"zh-HK": "有關涉及兒童的性旅遊活動的建議"
}
|
17 | 92 |
{
"en": "22.We propose to extend the application of 24 sexual offence provisions of the Crimes Ordinance to acts committed outside Hong Kong, the provisions are set out in Annex B. In other words, these provisions will be given extra-territorial effect. At present, 14 of these provisions are applicable to victims of any age. Four provisions currently apply to victims under the age of 21. We propose that the extra-territorial effect will only be applicable to cases where victims are under the age of 16 under these 18 provisions. Four of the remaining six provisions have applicable age limit of the victims set under the age of 16 and the other two under the age of 13. For these six provisions, we do not propose any change to the applicable age limit.",
"zh-HK": "22．我們建議把《刑事罪行條例》中24條涉及性罪行的條文的適用範圍擴大至在香港以外作出的行為。有關條文的詳情見附件B。換言之，這些條文將獲賦予域外法律效力。目前，這些條文有14 條適用於任何年齡的受害者，四條適用於未滿21歲的受害者。我們建議，域外法律效力應只適用於這18條條文涵蓋的受害者為未滿16歲人士的個案。在其餘六條條文當中，分別有四條和兩條適用於16歲和未滿13歲的受害者。我們並不建議更改這六條條文的適用年齡界限。"
}
|
17 | 93 |
{
"en": "23.We further propose that the extra-territorial effect should cover the persons and corporations referred to in sub-paragraphs (a) to (c) below insofar as they are the perpetrators of the relevant criminal act outside Hong Kong and the persons referred to in sub-paragraph (a) below insofar as they are the victims of the relevant criminal act outside Hong Kong –",
"zh-HK": "23.我們並建議，只要以下(a)至(c)分段所述的人和法團是在香港以外地方發生的有關犯罪行為的犯罪者，或以下(a)分段所述的人是在香港以外地方發生的有關犯罪行為的受害者，域外法律效力都會對他們適用:"
}
|
17 | 94 |
{
"en": "(a)a person who is a Hong Kong permanent resident or who ordinarily resides in Hong Kong;",
"zh-HK": "(a)香港永久性居民或通常在香港居住的人；"
}
|
17 | 95 |
{
"en": "(b)a body corporate that is incorporated or registered in Hong Kong; or",
"zh-HK": "(b)在香港成立或註冊的法人團體；或"
}
|
17 | 96 |
{
"en": "(c)a body of persons, whether corporate or unincorporated, whose principal place of business is Hong Kong.",
"zh-HK": "(c)以香港為主要營業地點的團體，不論是法團或非法團團體。"
}
|
17 | 97 |
{
"en": "24.Separately, we propose to create an offence for arranging or advertising child sex tours. The offence covers any message sent through the Internet, any other forms of electronic transmission or other means.",
"zh-HK": "24.此外，我們建議，安排或宣傳兒童色情旅遊活動，均應列為罪行。範圍包括透過互聯網、其他電子傳送方法或其他途徑傳送這類信息。"
}
|
17 | 98 |
{
"en": "25.We propose that valid marriage between the defendant and the victim will be a defence to a charge for extra-territorial sexual offences under the Bill provided that the victim consented to the act. We also propose that there shall be a defence for a person charged with publishing an advertisement for child sex tours if he did not have any reasonable cause to suspect it to be such an advertisement.”",
"zh-HK": "25.我們建議，任何人如被控觸犯條例草案所指在海外發生的性罪行，但與受害者有有效的婚姻關係，並獲受害人同意進行有關行為，可作免責辯護。此外，我們建議，被控發布兒童色情旅遊活動廣告的人，如果沒有任何合理理由懷疑該廣告屬於這類廣告，可以提出這個理由作辯護。」"
}
|
17 | 99 |
{
"en": "In addition, we also quote the contents concerning section 153P from the Paper for the Legislative Council House Committee meeting on 20 June 2003:",
"zh-HK": "另外，本庭節錄2003年6月20日「立法會內務委員會」會議文件涉及第153P條的相關內容："
}
|
17 | 100 |
{
"en": "“The Bill",
"zh-HK": "「條例草案"
}
|
17 | 101 |
{
"en": "3.The Bill seeks –",
"zh-HK": "3.條例草案旨在——"
}
|
17 | 102 |
{
"en": "(a)…",
"zh-HK": "(a)--"
}
|
17 | 103 |
{
"en": "(b)…",
"zh-HK": "(b)--"
}
|
17 | 104 |
{
"en": "(c)to extend the application of certain sexual offence provisions to acts committed against children outside Hong Kong and prohibiting the making of any arrangement relating to commission of those acts and advertisements for such arrangement.",
"zh-HK": "(c)把若干性罪行條文的適用範圍擴大至在香港以外地方作出的侵犯兒童行為，並禁止就干犯此類行為作出安排，以及禁止關於該等安排的宣傳。"
}
|
17 | 105 |
{
"en": "……",
"zh-HK": "……"
}
|
17 | 106 |
{
"en": "Extra-territorial effect of sexual offence provisions listed in Schedule 2 of the Crimes Ordinance",
"zh-HK": "《刑事罪行條例》附表2所列性罪行條文的域外法律效力"
}
|
17 | 107 |
{
"en": "52.The new section 153P of the Crimes Ordinance to be added by the Bill extends the application of 24 sexual offence provisions listed in the new Schedule 2 to the Crimes Ordinance to an act committed against a child outside Hong Kong if the defendant or the child has connections with Hong Kong. Valid marriage between the defendant and the victim will be a defence to a charge of extra-territorial sexual offences under the Bill provided that the victim consented to the act.",
"zh-HK": "52.條例草案在《刑事罪行條例》加入的新訂第153P條訂明，如被告人或有關的兒童與香港有關連，《刑事罪行條例》新訂附表2所列的24項性罪行條文，將延展至適用於在香港以外地方就兒童作出的行為。任何人如被控觸犯條例草案所訂在域外發生的性罪行，但與受害人有有效的婚姻關係，並獲受害人同意進行有關行為，即可以此作為免責辯護。"
}
|
17 | 108 |
{
"en": "53.On the rationale for the proposed provisions, the Administration has explained that sexual exploitation of children is known to have international dimensions. Child sex tourism is known to exist around the world, and has inherent to it an extra-territorial element. Extra-territorial effect of the relevant offence provisions is essential for combating child sex tourism. Permanent residents and persons who ordinarily reside in Hong Kong, irrespective of their nationality, should be prohibited from engaging in the heinous acts of child sex tourism occurred outside Hong Kong. They should therefore be covered under the Bill.",
"zh-HK": "53．關於訂定擬議條文的理據，政府當局解釋，眾所周知，利用兒童進行色情活動可涉及跨的國安排，全球多個國家均有兒童性旅遊活動，而兒童性旅遊活動本質上蘊含域外元素。因此，就相關罪行條文訂定域外法律效力，在打擊兒童性旅遊活動方面至為重要。永久性居民和通常在港居住的人士，不論其屬哪一國籍，均應被禁止參與令人髮指的境外兒童性旅遊活動。因此，他們應被納入條例草案的規管範圍。"
}
|
17 | 109 |
{
"en": "54.Regarding the enforcement of the provisions, the Administration has explained that if a person who is a Hong Kong permanent resident or who ordinarily resides in Hong Kong commits an offence under new Schedule 2 overseas, he could be arrested and prosecuted before Hong Kong courts when he returns to Hong Kong. In this situation, evidence/witnesses will be required from the place where the offence was committed. This may involve liaison at the law enforcement level and/or a formal request for mutual legal assistance. Depending on the circumstances, the perpetrator may be extradited and then prosecuted in Hong Kong.",
"zh-HK": "54.至於如何執行該等條文，政府當局解釋，香港永久性居民或通常在港居住的人士如在境外干犯新訂附表2所列的罪行，可在返港時被拘捕和檢控，並交由香港法庭審理。在此情況下，當局或需向案發當地蒐集證據或會見當地證人。此工作或會涉及執法機關之間的聯繫及/或正式要求提供相互司法協助。當局會視乎有關情況，可能將疑犯引渡來港進行檢控。"
}
|
17 | 110 |
{
"en": "……",
"zh-HK": "……"
}
|
17 | 111 |
{
"en": "57.The Administration has explained that the 24 offences are included because they relate more directly to sexual exploitation of children. Other sexual offences, such as living on earnings of prostitution of others, keeping a vice establishment etc. are considered less directly relevant. As the purpose of the proposal is to deal with a particular problem by extending the application of the existing sexual offences under the Crimes Ordinance, the Administration considers that efforts should be focused on the most directly relevant offences and the net should not be casted too wide. Extra-territorial effect is therefore not proposed to be extended to offences which are not likely to be the principal offences committed by paedophiles.”",
"zh-HK": "57.政府當局解釋，把該24項罪行列入附表2的原因是，該等罪行均與利用兒童作色情活動有較直接的關係。當局認為其他性罪行，例如依靠他人賣淫的收入為生、經營賣淫場所等，與上述行為的關係並非那麼直接。由於此項建議的目的，是藉着擴大《刑事罪行條例》所訂現有性罪行的適用範圍以處理特定的問題，政府當局認為應着力對付最直接相關的罪行，而條文的範圍不應過於廣泛。因此，當局不建議把域外法律效力擴大至涵蓋不大可能屬孌童癖者干犯的主要罪行的行為。」"
}
|
17 | 112 |
{
"en": "17.Furthermore, in May 2003 the Security Bureau submitted the Administration’s Response to Submission by Law Society of Hong Kong dated 5.5.2003. We set out the relevant parts in the Response below:",
"zh-HK": "另外，保安局於2003年5月提交「政府對香港律師會在2003年5月5日提交的意見書的回應」。本庭就該意見書適用的部分節錄如下："
}
|
17 | 113 |
{
"en": "“……",
"zh-HK": "「……"
}
|
17 | 114 |
{
"en": "9.In addition, under Article 3 of the Optional Protocol to the UN Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (the Optional Protocol), each state party has to ensure, inter alia, that possession of child pornography be made an offence under its criminal law before it may comply with the Optional Protocol.",
"zh-HK": "9.此外，根據《聯合國兒童權利公約》的《關於買賣兒童、兒童賣淫和兒童色情製品問題的任擇議定書》)(《任擇議定書》)的第3條，各締約國在符合該任擇議定書之前，必須確保已把管有兒童色情物品定為刑事罪行。"
}
|
17 | 115 |
{
"en": "……",
"zh-HK": "……"
}
|
17 | 116 |
{
"en": "Extra-territorial effect of offences listed under Schedule 2",
"zh-HK": "附表2所列罪行的域外法律效力"
}
|
17 | 117 |
{
"en": "12.Sexual exploitation of children is known to have international dimensions. Child sex tourism, that is, arrangements which enable adults to travel from their home countries to other places, in particular less-developed places, to engage in sexual activities involving children, is known to exist around the world. Child sex tourism has inherent to it an extra-territorial element. Extra-territorial effect of the relevant offence provisions is essential for combating child sex tourism.",
"zh-HK": "12.眾所周知，利用兒童進行色情活動可涉及跨國安排，多國均有兒童性旅遊活動，即安排成年人離開本國前往其他地方，特別是發展中國家，參與涉及兒童的性活動。兒童性旅遊活動本身就蘊含域外元素，因此，相關罪行條文中的域外法律效力，在打擊兒童性旅遊活動方面極為重要。"
}
|
17 | 118 |
{
"en": "13.The Optional Protocol mentioned in paragraph 9 above also states that each state party should take measures to establish its jurisdiction over the relevant offences in the following cases:",
"zh-HK": "13.上文第9段所述的任擇議定書亦表明，各締約國須採取措施，對符合下列情況的罪行確立司法管轄權："
}
|
17 | 119 |
{
"en": "(a)when the alleged offender is a national of that State or a person who has his habitual residence in its territory;",
"zh-HK": "(a)涉嫌犯罪者是該國國民或慣常居於該國領土的人士；"
}
|
17 | 120 |
{
"en": "(b)when the victim is a national of that State.",
"zh-HK": "(b)受害者是該國國民。"
}
|
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