Clause 71

Any person (A) who —

penetrates, with A’s penis, the vagina, anus or any orifice of an animal; or

causes or permits A’s vagina, anus or mouth, as the case may be, to be penetrated by the penis of an animal,shall be guilty of an offence.(2) A person who is guilty of an offence under subsection (1) shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.(3) Any person (A) who —

causes any man (B) to penetrate, with B’s penis, the vagina, anus or any orifice of an animal; or

causes the vagina, anus or mouth, as the case may be, of another person (B) to be penetrated with the penis of an animal,shall be guilty of an offence if B did not consent to the penetration.(4) A person who is guilty of an offence under subsection (3) shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.Interpretation of sections 375 to 377B (sexual offences)377C. In sections 375 to 377B ––

penetration is a continuing act from entry to withdrawal;

references to a part of the body include references to a part which is surgically constructed (in particular, through a sex reassignment procedure);

for the purposes of identifying the sex of a person —

the sex of a person as stated in that person’s identity card issued under the National Registration Act (Cap. 201) at the time the sexual activity took place shall be prima facie evidence of the sex of that person; and

a person who has undergone a sex reassignment procedure shall be identified as being of the sex to which that person has been reassigned;

penetration, touching or other activity is “sexual” if —

because of its nature it is sexual, whatever its circumstances or any person’s purpose in relation to it may be; or

because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual;

“vagina” includes vulva.Mistake as to age377D.—

Subject to subsections (2) and (3) and notwithstanding anything in section 79, a reasonable mistake as to the age of a person shall not be a defence to any charge of an offence under section 376A(2), 376B or 376C.(2) In the case of a person who at the time of the alleged offence was under 21 years of age, the presence of a reasonable mistaken belief that the minor, who is of the opposite sex, was of or above —

the age of 16 years, shall be a valid defence to a charge of an offence under section 376A(2); or

the age of 18 years, shall be a valid defence to a charge of an offence under section 376B or 376C.(3) For the purposes of subsection (2), the defence under that subsection shall no longer be available if at the time of the offence, the person charged with that offence has previously been charged in court for an offence under section 376A, 376B, 376C or 376E, or section 7 of the Children and Young Persons Act (Cap. 38) or section 140(1)(i) of the Women’s Charter (Cap. 353).”.