OVERVIEW
Key Legal Parameters of Section 148 of the Crimes Ordinance (Cap. 200).
- The Offence: A person commits an offence if they, without lawful authority or excuse, indecently expose any part of their body in any public place or in view of the public.
- The Penalties: Upon conviction, an offender is liable to a maximum fine of HK$1,000 and imprisonment for 6 months.
- The Statutory Exception: A person under the age of 12 shall not be guilty of the offence by reason only of bathing unclothed.
STATUTORY PROVISIONS
Section 148 of the Crimes Ordinance (Cap. 200)
The relevant part of the current statutory provision states:
“Any person who, without lawful authority or excuse, in any public place or in view of the public indecently exposes any part of his body shall be guilty of an offence.”
ELEMENTS AND STRICT LIABILITY INTERPRETATIONS
How section 148 applies to visibility and intent.
In View of the Public
The phrase “in view of the public” means an offence can still be committed within private property, such as inside a person's own home, if the naked body is exposed through a window or door in a manner that neighbours or passers-by can clearly see.
Strict Liability Element
Hong Kong courts treat this as an offence of strict liability in the sense that the prosecution does not need to prove that the defendant intended to achieve sexual gratification, or intended to harass, shock or upset anyone. It is sufficient to prove that the defendant intended to expose themselves and that the act itself was indecent in the circumstances.
Maximum Penalty
A maximum fine of HK$1,000 or a maximum period of imprisonment of 6 months.
RELATED COMMON-LAW OFFENCE
Outraging Public Decency
Outraging public decency is a separate common-law offence. It may apply where a person intentionally does a public act that is lewd, obscene or disgusting to such an extent that it outrages contemporary minimum standards of public decency. Whether section 148 or the common-law offence is engaged depends on the conduct alleged and the circumstances in which it occurred.
This more severe charge, as provided by section 101I of the Criminal Procedure Ordinance (Cap. 221), carries a maximum penalty of seven years' imprisonment.
HOW MCS CAN ASSIST
Advice and representation
MCS can assess the charge, the statutory elements and the prosecution evidence; advise on interview, plea, trial and sentence; and identify any defence or evidential issue available on the facts.