Clause 7

A person shall be guilty of an offence if —

the person, in public or private —

commits or abets the commission of; or (ii)procures or attempts to procure the commission by another person of, any obscene or indecent act with any child or young person below 16 years of age; or

the person, in public or private, procures or attempts to procure the commission of any obscene or indecent act by any child or young person below 16 years of age.(2) A person (A) shall be guilty of an offence if —

A, in public or private —

commits or abets the commission of; or (ii)procures or attempts to procure the commission by another person of, any obscene or indecent act with any young person (B) of 16 years of age or older but below 18 years of age; and

either —

B does not consent to the obscene or indecent act; or (ii)A is in a relationship that is exploitative of B.(3) A person (A) shall be guilty of an offence if A, in public or private —

procures or attempts to procure the commission of any obscene or indecent act by any young person (B) of 16 years of age or older but below 18 years of age; and

either —

B does not consent to the obscene or indecent act; or (ii)A is in a relationship that is exploitative of B.(4) For the purposes of subsections (2)(b)(i) and (3)(b)(i), it is a defence that A, by reason of mistake of fact or in ignorance of a fact in good faith, believed that B had consented to that obscene or indecent act.(5) For the purposes of subsections (2)(b)(ii) and (3)(b)(ii), it is not necessary for the prosecution to prove that B did or did not consent to the obscene or indecent act mentioned in subsection (2)(a) or (3)(a), as the case may be.(6) In deciding whether an accused’s relationship with a young person of 16 years of age or older but below 18 years of age is exploitative of the young person for the purposes of subsections (2) and (3), the court is to have regard to all of the following:

the age of the minor; (b)the difference between the age of the accused and the young person; (c)the nature of the relationship; (d)the degree of control or influence exercised by the accused over the young person. (7) To avoid doubt, the court is not confined to consideration of the matters specified in subsection (6) and may take into account such other matters and evidence as may be relevant in the circumstances of each case.(8) For the purposes of subsection (6) and subject to subsection (9), it is presumed until the contrary is proved that an accused’s relationship with a young person of 16 years of age or older but below 18 years of age is exploitative where the relationship is any of the following:

the accused is a parent, step-parent, guardian or foster parent of the young person; (b)the accused is the de facto partner of a parent, guardian or foster parent of the young person; (c)the accused is a member of the teaching or management staff of the school or educational institution at which the young person is a student; (d)the accused has an established personal relationship with the young person in connection with the provision of religious, sporting, musical or other instruction to the young person;

the accused is a custodial officer of an institution in which the young person is detained;

the accused is a registered medical practitioner, a registered traditional Chinese medicine practitioner or a psychologist and the young person is a patient of the accused;

the accused is an advocate and solicitor or a counsellor and the young person is a client of the accused.(9) However, the presumption in subsection (8) does not apply to a person who is lawfully married to a young person of 16 years of age or older but below 18 years of age even though the relationship may fall within any of the relationships mentioned in subsection (8). (10) Any person who is guilty of an offence under subsection (1) shall be liable on conviction —

if the offence committed involves a child other than as an accused, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 7 years or to both or, if the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 10 years or to both; and (b)if the offence committed involves a young person other than as an accused, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both or, if the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 7 years or to both.(11) Any person who is guilty of an offence under subsection (2) or (3) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both or, if the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 7 years or to both.(12) For the purposes of subsections (10) and (11), “repeat offender”, in relation to an offence under subsection (1)(a) or (b), (2) or (3), means a person who is convicted or found guilty of that offence (called the current offence) and who was previously convicted or found guilty of —

an offence under subsection (1)(a) or (b), (2) or (3); or

an offence under the repealed section 7 as in force immediately before the date of commencement of section 7 of the Children and Young Persons (Amendment) Act 2019,on at least one previous occasion before the date on which the person is convicted or found guilty of the current offence.Power to obtain and communicate information8.—

The Director‑General or a protector may exercise the powers conferred by subsection (2) for any of the following purposes:

the Director‑General or protector has reasonable grounds to believe that a relevant offence has been, is being or will be committed against a child or young person, and the Director‑General or protector has reason to believe that a particular person can provide any information regarding the commission of the relevant offence;

the Director‑General or protector has reasonable grounds to believe that a child or young person is in need of care or protection, and the Director‑General or protector has reason to believe that a particular person can provide any information which will assist him in ascertaining —

whether the child or young person is in need of care or protection; and

the nature of care or protection that the child or young person needs;

where a child or young person (A) is the subject of a voluntary care agreement or an order made under section 49(1) or 49B(2), section 49C (read with section 49B) or section 50(4), and the Director‑General or protector has reason to believe that a particular person can provide any information —

relating to the suitability of the fit person to whom, or the place of safety or place of temporary care and protection to which, A is committed;

relating to the standard of care, protection and supervision that A or any other child or young person who is a member of A’s household, is receiving;

that will assist the Director‑General or protector in formulating a proper care plan to cater to A’s safety and sense of wellbeing; or

that will assist the Director‑General or protector in exercising any power or carrying out any duty under the Act with respect to A or any other child or young person who is a member of A’s household;

where upon the termination of a voluntary care agreement or an order made under section 49(1) or 49B(2), section 49C (read with section 49B) or section 50(4) for a child or young person (B), B is returned to the care and custody of B’s parent or guardian, and the Director‑General or protector has reason to believe that a particular person can provide any information relating to the welfare and safety of B or any other child or young person who is a member of B’s household.(2) The Director‑General or protector may, by order in writing —

require the particular person mentioned in subsection (1)(a), (b), (c) or (d) to provide to the Director‑General or protector the information within the time and manner specified in the order; or

require a person given the order to appear before and provide to the Director‑General or protector the information within the time and manner specified in the order.(3) The Director‑General or a protector may communicate any information about a child or young person (whether or not obtained under this section) including a photograph of the child or young person, to any of the following person or persons for a relevant purpose:

another protector or any other person assisting the Director‑General or protector in the administration of this Act in respect of the child or young person;

any other person or class of persons as may be prescribed.(4) No liability shall lie personally against a person for providing any information under subsection (2), or communicating any information under subsection (3).(5) An individual cannot rely on —

the common law privilege against self‑incrimination or exposure to the imposition of a penalty; or

any rule of law relating to legal professional privilege or any other privilege, or the public interest,to refuse to provide the information required under subsection (2) by the Director‑General or protector, as the case may be.(6) However, any information is not admissible in evidence against the individual in any criminal proceeding other than a proceeding for an offence under section 22(b) or section 177 of the Penal Code (Cap. 224), if the information might in fact tend to incriminate the individual.(7) In this section, “relevant purpose” means either of the following:

a purpose mentioned in subsection (1)(a), (b), (c) or (d);

for a child or young person who is the subject of —

a voluntary care agreement;

an order made under section 49(1)(b) read with section 49A;

an order made under section 49B(2) read with section 49D; or

an order made under section 49C read with sections 49B and 49D,to enable the Director‑General, a protector or a care‑giver of the child or young person to make a decision on a matter relating to the child or young person and to give effect to such decision.”.