H.W.Y., an 18-year-old defendant, has admitted four offences of unlawful sexual intercourse with his underage cousin, a girl under 13. Sentencing has been deferred while the District Court considers reports, and he remains in custody pending the next hearing.
The admitted offences took place in Guangdong’s Shanwei area between 2021 and 2023. The first occurred when the girl was under nine, followed by three further incidents in hotels. She lived in Hong Kong with her parents, while the defendant’s family lived in Shanwei.
The girl disclosed what had happened to a schoolmate after entering secondary school and was encouraged to contact a social worker. She is receiving psychological and psychiatric treatment. The court has ordered a trauma report, while also seeking a background report on the defendant.
After police became involved, the girl’s father invited the defendant and his family to Hong Kong for sightseeing at police direction. He identified the defendant after they arrived, allowing police to arrest him.
Although the reported offences took place in Guangdong, section 153P of Hong Kong’s Crimes Ordinance gives Hong Kong authorities jurisdiction over specified sexual offences committed outside Hong Kong when the victim was a Hong Kong permanent resident or ordinarily lived in the city.
The judge asked the prosecution to provide legal material on marriage between cousins on the mainland, saying the issue could affect the seriousness of the case. The prosecution said mainland police would not prosecute consensual sex between the parties; the judge questioned whether a child under nine could give consent.
The court listed sentencing for 2 December, after the trauma and background reports are prepared. The defendant will remain remanded until then.