Appellant, So Wai Lun, was convicted of unlawful sexual intercourse with a girl under the age of 16, in contravention of section 124 of the Crimes Ordinance, Cap. 200, which made sexual intercourse with a girl under the age of 16 a strict liability offense, punishable by five years’ imprisonment. Appellant first argued that section 124 was unconstitutional because it criminalized only the male’s conduct, depriving him of equality under the law. Appellant also argued, alternatively, that the law was arbitrary because it did not deter people who did not believe that what they were doing is unlawful. The Court dismissed the first argument, noting that the legislature is entitled to take into account various differences between men and women, such as the problem of teenage pregnancies, deterring females from reporting if they would also be criminally liable, etc., and concluded that the legislature’s differing treatment was justified by reference to genuine need, rationality and proportionality. The Court also dismissed the second argument, stating that protecting young girls is a choice constitutionally open to the legislature. Therefore, the judge dismissed both of Appellant’s appeals.
So Wai Lun v. HKSAR
Court of Final Appeal of the Hong Kong Special Administrative Region