Hong Kong acquittal exposes gap in anti-stalking laws, sparks legislative push

A Hong Kong magistrate's decision to acquit a 57-year-old government statistician who followed a teenage girl to her classroom has reignited calls for dedicated anti-stalking legislation, with legal experts and lawmakers highlighting a critical gap in the city's criminal code.

The man was found not guilty of loitering outside the 16-year-old's secondary school classroom in July last year, despite also allegedly following her during her commute to school for two to three years. He told police the girl resembled an old friend and he wanted to know her.

Existing laws inadequate for stalking cases

Eastern Court Magistrate Kestrel Lam Tsz-hong ruled that loitering causing concern was inappropriate for addressing the defendant's actions, which could not be handled under existing criminal laws. The magistrate's observation underscored the absence of laws to criminalise stalking under certain circumstances.

Unlike many jurisdictions with dedicated legislation to protect victims, Hong Kong can only prosecute suspects under a patchwork of different laws. Even the statutes on doxxing are viewed as insufficient to punish cyberstalking.

Push to revive shelved proposal

Lawmakers and a government adviser have called for anti-stalking legislation to close the loophole that makes prosecuting repeated harassment difficult in Hong Kong. Some experts said the government should revisit a proposal for such legislation raised 26 years ago.

The proposal for dedicated legislation was shelved in 2014. The acquittal has prompted renewed pressure on the government to address the legislative vacuum that leaves victims of persistent unwanted attention with limited legal recourse.

Source: South China Morning Post