AL Plenary | Sexual harassment to have heavier penalties

Sonia Chan (center-right)

The Legislative Assembly (AL) passed an amendment regarding the region’s laws relating to sexual harassment and sexual activities with minors. The amendment, presented by the Secretary for Administration and Justice Sonia Chan, was met with unanimous support from lawmakers.

The amendment introduced three articles which will rule three types of activities as a crime.

The new amendment proposes a definition of sexual harassment that considers physical contact as a crime, further suggesting incarceration for a maximum period of one year.

The law states that engaging in sexual activities with minors will lead to a prison sentence of a maximum of three years, and that the punishment will be extended up to four years if said activity had consisted of sexual intercourse involving sexual organs.

The third amendment introduces the criminalization of activities involving seduction and coercing individuals under 18 years of age to participate in pornographic performances. Exhibition, production, and importing and exporting of pornographic products related to minors will also be punished.

Forcing others to perform oral sex is now also considered rape. Both males and females are now equally treated as perpetuators.

The amendment suggests that sexual activities involving penetration by force of the victims’ anal or sexual organs with a part of the body or any object will be sentenced to three to 12 years in prison.

Another notable amendment rules that crimes will be considered aggravated if all the above mentioned situations are related to minors aged under 16-years-old, instead of 14 years-old as was the case under the previous law.

Gabriel Tong pointed out that under certain conditions, people might have a close relationship with someone which abruptly turns out to be a source of unhappiness between the couple.

He then questioned whether physical contact in that instance should be considered sexual harassment. 

Lawmaker Mak Soi Kun questioned the definitions of cases involving minors. Mak noted that in some cases, students, while playing their phones, could see windows popping up containing pornographic content.

In this situation, it was queried how the authority would make a distinction between what is crime and what is not. Mak also wanted to know how the authority judges who is a minor and who is not. Sonia Chan responded that if the situation is not consensual, then it will be considered sexual harassment.

Additional questions raised by Mak relate to what kind of sexual activities will be considered as “important,” since this word had been raised before to address a specific category of sexual activities.

Melinda Chan also voiced her strong concern about the protection of minors. 

Wong Kit Cheng expected to know what kind of help victims of verbal or other non- physical sexual harassment could seek.

Chan also explained concerns regarding the city’s Prosecution Office (MP) conducting prosecution procedures when it deems semi-public crimes neeed to be prosecuted as public crimes. This is especially present in situations when the MP considers that it can protect the victims.

Sonia Chan, in her answer to Mak’s question regarding the definition of “important sexual activities,” said that touching sexual organs will be regarded as such.

Chan also reminded that verbal sexual harassment is already defined in the city’s laws as an insult.

After the secretary’s answer, Melinda Chan voiced her strong support for the amendments in general. However, she noted that she hopes all  the mentioned crimes will become listed as public crimes instead of semi-public crimes.

On the lawmakers’ agenda

LABOR RIGHTS Tsui Wai Kwan said that local labor associations “are really overbearing” by organizing demonstrations which intend to put pressure on the government regarding its proposal to research driver employment regulations within the region. Tsui noted that the implementation of the government’s plans are decided very carefully only after public hearings are held to determine the public’s expectations and needs. The lawmaker considers it odd that certain groups appear to have forgotten this approach when their own interests are at stake. Tsui believes that the associations should protect the rights of laborers, especially the associations “which love the country and love Macau.” 

RECLAIMED LAND Ng Kuok Cheong urged the government to regulate property purchasing requirements with relation to property projects located in the city’s reclaimed lands. Ng suggested the government to rule that any future residence projects on these lands should only be allowed to be purchased by permanent residents of Macau who own only one residence. He voiced the expectation that the government constructs affordable public houses and apartments for civil servants. He expressed the hope that the government can use such lands to improve local people’s living environment.

ILLEGAL PARKING penalties Melinda Chan questioned the government on its plans to handle illegally parked vehicles. She further questioned whether the government will have enough space to store vehicles impounded from the streets.  Chan expressed the belief that there is no obvious relationship between increasing penalties and a control on the number of vehicles. She voiced her belief that charging heavier penalties only affects  small to medium enterprises and residents who need to move their possessions. The lawmaker clarified that she does not agree with illegal parking but asked whether the government believed in increasing the number of parking spaces. Chan said that it is worthwhile to consider what the government could do to make the public accept new vehicle control actions.