1. Understanding Hong Kong's Underage Sex Laws
Hong Kong has some of the strictest sexual offence laws involving minors in Asia.
Three key offences apply to men having sexual intercourse with underage girls:
- Section 123 – girl under 13
- Section 124 – girl under 16
- Section 127 – girl under 18 (abduction offence)
Important Legal Note
These offences apply only to males having intercourse with females.
There is no equivalent offence criminalising women having sex with underage boys, although other offences (e.g., indecent assault) may still apply in rare circumstances.
2. Sexual Intercourse with a Girl Under 13 – Section 123 (Cap. 200)
The law imposes the harshest penalty for this age group.
Section 123 — Sexual Intercourse with a Girl Under 13
Any man who unlawfully has sexual intercourse with a girl under the age of 13 commits an offence.
Penalty:
- Maximum sentence: Life imprisonment
- No defence of mistaken age
- Consent is irrelevant
- Strict liability applies
Hong Kong courts treat this as one of the most serious sexual offences in the jurisdiction.
3. Sexual Intercourse with a Girl Under 16 – Section 124 (Cap. 200)
This is the offence commonly known as “Sin 11” (衰十一).
Section 124 — Unlawful Sexual Intercourse with Girl Under 16
Key points:
- Penetration alone is enough
- Consent does not matter
- Mistaken belief about age is not a defence
- Only exception: reasonable belief she was the defendant’s wife
Penalty:
- Maximum 5 years’ imprisonment
4. Consensual Sex with a Girl Aged 16–18 – Is It Legal?
Yes — consensual sexual intercourse with a girl aged 16–18 is generally lawful.
However, men still need to be extremely careful because two serious offences may still apply.
Related Offences for Girls Under 18
(1) Section 127 — Abduction of an Unmarried Girl Under 18 for Sexual Intercourse
A man commits an offence if he:
- takes an unmarried girl under 18
- out of the possession of her parent/guardian
- with the intention of sexual intercourse
Even if intercourse is consensual, the act of taking her away may be illegal.
Penalty:
- Maximum 7 years’ imprisonment
(2) Section 138A — Using a Person Under 18 for Pornography
Covers:
- filming sex acts
- taking sexual photographs
- involving her in pornographic conduct
Consent is irrelevant — under-16s receive extra statutory protection. Consent is only relevant for a person of the age of 16 or above but under 18 and is for personal use.
Penalty:
- Maximum 10 years’ imprisonment
5. Full Penalty Comparison Table (SEO-Optimised)
6. Why These Laws Only Apply to Men
Hong Kong’s sexual offence statutes under ss.118–127 were drafted decades ago around assumptions that offenders are male and victims are female.
The wording of ss.123 and 124 explicitly refers to “any man who has sexual intercourse with a girl…”
Therefore:
- A woman having sex with an underage boy is not committing an offence under ss.123 or 124.
- Prosecution would require other provisions such as indecent assault.
However the following serious offences may still apply to sexual act with boys:
- Section 140 - Permitting girl or boy under 13 to resort to or be on premises or vessel for intercourse
- Section 141 - Permitting young person to resort to or be on premises or vessel for intercourse, prostitution, buggery or homosexual act
Modern law reform discussions have suggested gender-neutral updates, but no amendments have yet been made.
7. Summary of Legal Risks
Scenario
Legal Position
Sex with girl under 13
Always illegal — life imprisonment
Sex with girl 13–16
Always illegal — 5 years’ imprisonment
Sex with girl 16–18
Intercourse lawful, but s.127 and s.138A may apply
Consent of girl
Not a defence if she is under 16
Mistaken age
Not a defence
Applies to
Men → girls only
Disclaimer: The above analysis is for reference only and does not constitute legal advice. If professional advice is needed, we can help match you with qualified Hong Kong lawyers based on your query. You can request a lawyer referral at https://ask.legal/contact-us
