Guidance

Hong Kong: information for victims of rape and sexual assault

Updated 9 December 2022

If you’ve been sexually assaulted it’s important to remember that it was not your fault. Rape and sexual assault is always wrong – no matter who commits it or where it happens. It is traumatic and it can affect you both physically and emotionally. Do not be afraid to get help.

This information is provided to help British nationals overseas make decisions about whether and how to:

• seek medical advice and attention;
• report to local police;
• engage with foreign legal authorities following a rape or other form of sexual assault overseas

For information on support available in the UK, see Rape and Sexual Assault: Returning to the UK

First steps

It is your choice about what you do next, but this information may help you in coming to a decision. The most important thing is to make sure that you are as safe as you can be. You can:

• contact the emergency number on 999;
• contact your tour operator if you are travelling with one;
• contact the British Consulate on +852 2901 3000. Staff will be empathetic, and non-judgmental, and can provide information on local police and medical procedures. Anything you tell them will be treated in the strictest confidence. They can contact your family or friends for you if you wish.

British Consulate-General in Hong Kong

If you want to report the incident to the police in Hong Kong

• If you have a tour operator, they should be able to arrange for someone to support you. You can also contact the British Consulate on +852 2901 3000, they will try to send a consular officer to support you, where timing and location allow. You will always be able to speak to trained consular staff on the phone 24/7.
• If you approach the police directly, you can also ask them to inform the British Consulate on +852 2901 3000 and they can offer you consular support.
• If you choose to report the crime, try to do so as soon as possible, so forensic evidence can be retained. Washing yourself or your clothes may make it difficult for the police to obtain forensic evidence. If you change your clothes, think about taking those you were wearing to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or texts and social media messages.
• Tell the police if you think you have been drugged.
• Insist you get a police report, and request a translation in English if applicable.
• You can request to speak to either a male or female police officer and police would most likely to agree to your request. There will be English speaking officers at the station, if not, police will arrange for an English speaking officer or arrange an interpreter to take a statement.
• The investigation steps are: - statement taking, physical evidence, crime scene investigation, forensic examination and identification parade see “Reporting the crime in Hong Kong - what happens next?” and “Police investigations in Hong Kong – what to expect” below for further details.
• If you require medical attention, the police will immediately arrange for an ambulance to take you to the nearest public hospital see “The medical examination – what to expect” and “Treatment” below for further details.
• You may be accompanied by a person(s) of your choice throughout the police investigation, provided no unnecessary hindrance is caused.
• You will be introduced to support services provided by NGOs who are available round-the-clock to provide immediate intervention and support services.
• Consular staff can accompany you to police and give support where timing and location allow and if you wish.
• You will not be asked to surrender your passport during police investigation.
• A lawyer will not be assigned to the victim, but you may appoint a private lawyer for advice about the legal process. The Department of Justice of Hong Kong is responsible for the conduct of criminal prosecutions, and public prosecutors handle all matters for prosecuting trials and appeals at all levels of the criminal courts see “Court procedures – what to expect” below for further details.

If you do not want to report the incident to the police in Hong Kong

• The British Consulate will be able to help you. This includes helping you to contact your insurance company, your family, assisting you making arrangements to travel back to the UK and/or provide you with information on local support in the UK.
• They can provide you with lists of English-speaking medical facilities, lawyers and translators.
• If you are travelling with one, you can also report the incident to your tour operator and ask them for assistance. If you wish, the tour operator may accompany you to the local hospital. If you wish, and depending on location and timing, a member of consular staff may be able to accompany you.
• It is your choice on whether to report the crime, but if you don’t report it, your case may not be investigated.
• There is an option to report crime via e-Report Centre of Hong Kong Police https://www.erc.police.gov.hk/cmiserc/CCC/PolicePublicPage?language=en. However, if there is lack of forensic or crime scene evidence, police may not investigate.
• If the victim does not report the crime, they will still be able to get medical attention at Accident & Emergency (A&E) of major public hospitals in Hong Kong (it should, however, be noted that the hospitals may report a suspected criminal case to the police). Public hospitals in Hong Kong provide low cost medical treatment for Hong Kong residents. For visitors without Hong Kong identity cards, they are charged at non-eligible person fee. Please see details: https://www.ha.org.hk/visitor/ha_visitor_index.asp?Parent_ID=10044&Content_ID=10045&Ver=HTML
• There are two non-government organisations in Hong Kong that offer specialised support for victims of sexual crime. The designated social workers will provide immediate support and follow-up services such as emotional support and counselling to the victim. They can accompany the victim throughout all necessary procedures like reporting to the police, receiving medical treatment and forensic examination.

Tung Wah Group Hospital CEASE Crisis Centre	24/7 hotline: +852 18281	Website: https://ceasecrisis.tungwahcsd.org
RainLily	Hotline: +852 2375 5322	Website: https://rainlily.org.hk/eng/home

• Forensic examination can only be done if the crime is reported to police.

If you want to report the incident to the police in the UK

• The support available to you, and your access to justice may vary according to where you report the crime. In many countries, you need to report the crime before you leave the country, if you want it to be investigated and police to obtain important evidence.
• If you are staying in the country where the crime took place, you should report the crime in that country. If you are a British national and you need help to report the crime, you can contact the nearest British embassy, high commission or consulate, or the Foreign, Commonwealth & Development Office in London.
• If you do not report the crime in the country where it happened and you return to the UK, you can still report the matter to your local UK police.
• The UK police should send the information you provide to the country where the crime happened. However, it is for foreign police forces to decide whether to investigate a crime in their jurisdiction and they may not take action.
• You can report the crime to the UK police even if you are not seeking an investigation abroad. The UK police can offer you access to victim support in the UK. They may still send some details of the crime to police in the country where it happened. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed.

Reporting the crime in Hong Kong: what happens next?

• If you choose to report the crime, try to do so as soon as possible, so forensic evidence can be retained. Washing yourself or your clothes may make it difficult for the police to obtain forensic evidence.
• If you change your clothes, think about taking those you were wearing to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, texts and social media messages.
• Tell the police if you think you have been drugged.
• Insist you get a police report, and request a translation in English if applicable.
• As soon as a report is made, you will be invited to give a statement and recount what had happened to you. Statements from persons under age of 17 or the mentally incapacitated will be taken in the form of video recorded interview. Interpreter for language or disability needs will be arranged if required.
• Your clothing may be taken as evidence like any items that may be of evidential value to facilitate the investigation.
• Police will collect evidence from the scene and you may be invited to return to the scene with the police to assist in the investigation.
• You may be invited to participate in a forensic examination, a forensic pathologist may take body samples from you, examine your wounds and intimate parts.
• If an identification parade is arranged, you may be invited to identity the person; (the suspect(s) will not be able to see you during the parade).
• After reporting to the police, you will be provided with the case number, the name, rank and contact information of the officer-in-charge of your case for your access to the investigation progress.
• Hong Kong police will not normally inform the UK police, unless you report the incident with the UK police and UK police request assistance from the local police. It is not the usual procedure for local police to run UK police checks on the victim. However, any criminal conviction you have, by law, must be divulged to the defence if a prosecution is brought.

The medical examination: what to expect

• Accident & Emergency (A&E) of major public hospitals in Hong Kong can treat victims of rape and sexual assault. Medical staff will carry out the examination, and you can request a same-gender medical staff.

The following tests are carried out routinely as part of the examination process.

• Sexually transmittable infections testing
• Pregnancy test and abortion treatments, if needed
• Uterus checks
• Blood test
• Hepatitis B antigen and antibodies
• Syphilis test
• HIV antibody test (Under the participant’s consent)
  
  
• Hospital may report a suspected case of sexual assault to the police if the case has not been reported to the police. However, medical staff would also encourage victims to report the case to the police, and they will usually refer victims to the social worker at the hospital where appropriate advice will be given.
• If the victim has not reported the case to police, the hospital will still provide necessary treatment for rape victims, i.e. immediate medical examination/ treatment including pregnancy prevention and screening of sexually transmitted infections. The hospital will also provide medical follow-up such as treatment for sexually transmitted infections, gynaecological treatment, HIV, etc. Forensic examination will be given and photos may be taken for evidence, whether the case is reported by the hospital or the victims, but it is the choice of the victims as to whether to cooperate with the police and the extent (if any) they would like to do so.

Consular staff will be able to assist you in dealing with the hospital if you wish, and where timing and location allow, consular staff may be able to accompany you there and provide ad hoc translation. They cannot translate medical reports for you. If you are part of an organised tour, your tour guide or tour operator may be able to assist you if you wish.

Treatment

• Hospital medical staff in Hong Kong can give advice and prescribe HIV PEP medication (post-exposure prophylaxis, a treatment that can prevent HIV infection).
• HIV PEP medication needs to be taken within 72 hours of the incident for it to be effective. The NHS may be able to commence or continue the 28 day treatment on return to the UK.
• Accident & Emergency (A&E) at public hospitals will provide emergency contraception to victims. For the morning-after pill, it can be obtained from clinics of the Family Planning Association of Hong Kong www.famplan.org.hk/en, family doctors and government clinics, but not over the pharmacy counters.
• Emergency contraception needs to be taken within 72 hours of the incident for it to be effective. *Public hospitals in Hong Kong provide low costs medical treatment for Hong Kong residents. For visitors without Hong Kong identity cards, they are charged at non-eligible person fee. Please see details: https://www.ha.org.hk/visitor/ha_visitor_index.asp?Parent_ID=10044&Content_ID=10045&Ver=HTML
• For patients under police care, i.e. victim of crimes, in general the Hospital Authority will waive the A&E charges incurred at the request of police.
• If you have had medication administered overseas, you should keep the label or make a note of the name of the medication, so that you can let your local health provider know when you return home.

Police investigations in Hong Kong: what to expect

• Police will invite you to give a statement and recount what had happened to you. Officers of the same gender will conduct the interview at your request.
• You may be invited to return to the scene with the police.
• You may be invited to participate in a forensic examination; a forensic pathologist may take body samples from you, examine your wounds and intimate parts.
• If an identification parade is arranged, you may be invited to identity the person; (the suspect(s) will not be able to see you during the parade).
• If the police make an arrest, the case will be referred to the Prosecutions Division of the Hong Kong Department of Justice and a decision will be made on whether or not to bring criminal proceedings. It can take months before a case goes to trial.
• The victim has the right to request a copy of any written statement made to police (or video tape recording of the interview), to be given a contact number for the case officer, to be informed of police and court procedures, and to be informed of the progress and result of the investigation.
• You can appoint a private lawyer to secure appropriate legal guidance, to accompany you to make your police statement, and to promote and protect your interests with the police and the court. You can choose a lawyer from the Hong Kong Law Society webpage: https://lawdirectory.hklawsoc.org.hk/en/Search-for-a-Law-Firm
• The public prosecutor from the Department of Justice is responsible for prosecuting and for presenting the evidence fairly at trials.
• The victim is allowed to leave Hong Kong any time, although police may advise the victim to stay until at least after the case is filed and preferably after the case has been heard in court or ask the victim to return for the trial.

Court procedures: what to expect

• Victims will be expected to testify in court when called upon by the public prosecutor or the defendant legal team. Although an application for witness testimony via video conference may be made, the court may not find it appropriate to allow evidence by video conference if such application is strongly opposed by the defendant. Victims will therefore usually need to return to Hong Kong if they intend to testify in court.
• If the victim does have to attend a trial, Hong Kong authorities may assist with travel and accommodation arrangements.
• Victims will be provided with the crime report reference number, the name and a contact number of the officer-in-charge of the case. Victims also have the right to request information regarding the investigation and legal proceedings.
• Victims can request that the officer-in-charge arranges support from trained volunteers and social workers to provide emotional support and practical assistance to witness during trial.
• Victims have the right to be heard and the office-in-charge and the prosecuting counsel shall bring to the attention of the court the victim’s circumstances and views.
• Once the case has been submitted to the Prosecutions Division of the Hong Kong Department of Justice, the prosecutor will consider whether the admissible evidence available is sufficient to justify instituting proceeding and whether the general public interest requires that a prosecution be conducted. If the victim wishes to withdraw the charge or refuses to testify in court, the admissible evidence likely cannot be corroborated and the prosecutor will consider whether it is possible to continue without the victim’s evidence and if so whether it is in the public interest to prosecute. It should be noted that the police can charge someone who makes a false report for wasteful employment of police time if the police are satisfied that a false report has been made.
• The alleged assailant may also press counter charges claiming false accusations, but the ultimate decision as to whether to pursue any such counter charges remains a decision for the Prosecutions Division of the Hong Kong Department of Justice.
• Hong Kong courts can order the offender to pay compensation for any injuries or losses, after they have been convicted in a criminal court and as a result of civil action.
• There is a state-funded compensation scheme to cover physical or psychological injuries suffered as a result of a violent crime, which may apply to foreign nationals having the right to remain in Hong Kong or being permitted to remain in Hong Kong under the Immigration Ordinance. https://www.police.gov.hk/ppp_en/04_crime_matters/cvc.html

When you return home to the UK

• You may want to let your GP or a Sexual Assault Referral Centre (SARC) know what has happened to you so that you can talk about the experience and seek further support and advice where you live.

England	NHS Choices website, or search the internet for ‘NHS SARC’
Scotland	Archway SARC	Phone: 0141 211 8175
Wales	New Pathways SARC	Phone: 01685 379 310
Wales	Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board
Northern Ireland	Rowan SARC Northern Ireland	Phone: 0800 389 4424

• If you believe you may be at risk of having contracted a sexually transmitted infection (STI), you should ask your local health provider to test you. You should do this even if you have been tested in the country that the assault took place in.

Support organisations in Hong Kong

It is your choice to let people know. If you are ready to talk about it, these organisations may be able to help you.

Tung Wah Group Hospital CEASE Crisis Centre

• https://ceasecrisis.tungwahcsd.org
• 24/7 hotline: +852 18281
• CEASE Crisis Centre has a designated Social worker to provide intervention service, and co-ordination with concerned departments to facilitate the victim to go through any necessary procedures.

RainLily

• https://rainlily.org.hk/eng/service
• Hotline number: +852 2375 5322
• Provides one-stop intervention support to female victims to offer assistance for victims to develop an immediate action plan, coordination with other professional services providers, accompanying victim during medical appointments, statement taking, attending trial, counselling and emotional support.

Disclaimer

This information has been prepared by HMG officials who are not legally or medically trained. It should therefore never be used as a substitute for professional medical or legal advice. It is intended to help British nationals overseas make their own informed decisions. Neither HMG nor any official of the Consulate accept liability for any loss or damage which you might suffer as a result of relying on the information supplied.

Medical information has been provided by The Havens Sexual Assault Referral Centres of Kings College Hospital NHS Foundation Trust and was accurate at the time of production (02/02/2022).