Crimes (Amendment) Ordinance 2021
Ord. No. 35 of 2021
Section 3
A3619
Division 3—Consent and Defence
- 159AAF. Interpretation
- In this Division—
- subject individual (事主) means an individual whose intimate act, intimate part or intimate image is the subject of a person’s conduct.
- 159AAG. Who cannot give consent that would prevent conduct from becoming offence under Division 2
- A subject individual cannot give a consent that would prevent a person’s conduct from becoming an offence under Division 2 if, at the time when the conduct takes place, the subject individual—
- (a) is under the age of 16; or
- (b) is a mentally incapacitated person as defined by section 117(1).
- 159AAH. Disregard whether consent is given
- For the purposes of Division 2, a person disregards whether a subject individual consents to the person’s conduct if the person—
- (a) knows that the subject individual does not consent to the conduct; or
- (b) is reckless as to whether the subject individual consents to the conduct.
