妓女暗示交易或男士主動「問價」干犯刑事罪行嗎?

existHongkongActivities related to prostitution are subject to the Crimes Ordinance (Crimes Ordinance).Chapter 200 of the Laws of Hong KongThe regulations strictly govern prostitution. According to the regulations, whether a prostitute uses suggestive language to solicit sex or a man actively inquires about prices, it may constitute a crime.Criminal offensesThe following will discuss in detail the relevant legal provisions, the elements constituting the crime, the possible penalties, and the way Hong Kong society and law enforcement agencies handle such behavior, aiming to provide a comprehensive legal background and analysis of the current situation.

Legal consequences of proactively "asking for a price"

In Hong Kong, a man's act of proactively inquiring about the price or details of sexual services from a prostitute may be considered "inciting another person for immoral purposes." Even simple conversations, such as asking "how much" or "what services are available," can constitute a criminal offense because such behavior is considered an intention to facilitate or induce an immoral transaction. The key to this behavior is "initiative," meaning the man actively contacts the prostitute and expresses his intention to transact, rather than passively responding to her hints.

For example, in the street or specific locations (such as certain areas of Sham Shui Po or Yau Ma Tei), if a man approaches a woman who appears to be a woman and inquires about prices, the police can classify this behavior as illegal based on the circumstances, the content of the conversation, and witness testimonies. It is important to note that the prosecution does not need to prove that a transaction actually occurred, only that there was an intent to instigate or induce. Therefore, even if no transaction is ultimately completed or no money is paid, the man's actions may still constitute a crime.

Legal liability of prostitutes who "hint at a transaction"

On the other hand, a woman implying the availability of sexual services in public through words, actions, or other means also violates Section 147 of the Crimes Ordinance. For example, it is illegal for prostitutes to attract customers on the street with phrases like "Want to come?" or similar code words, or to use provocative gestures to entice passersby. These behaviors typically occur in areas such as Sham Shui Po and Yau Ma Tei.

When enforcing the law, police often conduct undercover operations or raids to record the behavior of prostitutes or customers as evidence. If Nannan is arrested and confirmed to be engaging in prostitution on a tourist visa, she may face additional immigration charges. Furthermore, if a minor (under 16 years old) is involved in prostitution, the penalties are more severe, with a maximum sentence of 10 years imprisonment (Section 135).

instigating others for immoral purposes

according toChapter 200, Criminal Offences Ordinance Article 147It is illegal to incite or to roam in a public place, or to incite or to roam in a public place for an immoral purpose.

The maximum penalty for this crime is six months' imprisonment and a fine of 10,000 yuan.

"Public places" are:

Any place that, for a specific time, the public or any class of the public may have the right or permission to enter, by payment or other means; and
A place that no member of the public or any class of members of the public has the right or is not permitted to enter, but which is a common part of the building.

The most direct example of instigating others for immoral purposes in public places is a prostitute soliciting customers on the street, offering sexual services in exchange for payment. The general interpretation of "instigating" is to ask for something. The thing asked for is money, and the reward offered is sexual activity.

Standards for defining immoral purposes

The standard used to define "immoral purpose" is the standard of morality in modern society. A prostitute soliciting customers in a public place is instigating others to have immoral purposes in a public place. "Immoral purpose" also includes other behaviors, such as sodomy, gross indecency, and sexual intercourse.

Specifically, Article 147 stipulates that it is illegal to instigate another person for an immoral purpose in a public place or in a place where the public can see, or to loiter in a public place for an immoral purpose. These behaviors include prostitutes "hinting" at sex transactions on the street through words or actions, such as using code words like "want to come or not" or prices like "200 dollars." Similarly, if a man actively "asks" a woman about prices, such as asking about the price or details of sexual services, this behavior may also be considered "instigating another person for an immoral purpose," thus constituting a crime.

The maximum penalty for the aforementioned offenses is a fine of HK$10,000 and imprisonment for six months. For more serious offenses, such as knowingly relying on the income from another person's prostitution (Section 137), the maximum penalty is imprisonment for up to seven years. Furthermore, if a prostitute enters Hong Kong on a tourist visa to engage in prostitution, she may be in violation of the Immigration Ordinance and could face a maximum penalty of two years imprisonment and a fine of HK$50,000.

Current social situation

Hong Kong police maintain a strict enforcement stance against prostitution, particularly open street prostitution. According to the 2023 Hong Kong Overall Security Situation Report, the police continue to combat criminal activities, including prostitution, and collaborate with the Education Bureau to promote crime prevention education to prevent youth from engaging in related illegal activities. However, due to limited police resources, especially after the anti-extradition bill protests, prostitution has increased in some areas, particularly in establishments disguised as "retro erotic hair salons."

Public attitudes toward prostitution are complex. On the one hand, some believe prostitution should be legalized to reduce triad influence and related crimes; on the other hand, current laws explicitly consider openly soliciting prostitution illegal, reflecting societal moral and legal restrictions on such activities. Organizations such as the Hong Kong Sexual Culture Society have also pointed out that legalizing prostitution may not solve the problem, citing the experience of Victoria, Australia, which suggests that legalization could lead to more social and security issues.

in conclusion

In Hong Kong, it is illegal for men to proactively inquire about prices or for prostitutes to suggest sexual transactions, violating Section 147 of the Crimes Ordinance, which carries a maximum penalty of a HK$10,000 fine and six months' imprisonment. These actions are not limited to actual transactions but also include any intent to facilitate or induce immoral transactions. Police combat these activities through undercover operations and patrols, while public discussion of prostitution involves legal, ethical, and public security considerations.

Further reading:

Is prostitution illegal in Hong Kong?

Ten of the most debauched emperors in Chinese history and their sexual "play"