Indecent assault on the public transport in Hong Kong

It cannot be denied that an efficient and safe public transport system is fundamental to the economic well-being of any progressive society, and personal security is one of the important factors that influence people when deciding whether or not to use public transportation. However, it also cannot be denied that crime and social disorder problems that occur in the community occur equally in the public transport environment. Examples of such crimes and social problems include graffiti, pick-pocketing, criminal damage, robbery and indecent assault. The public transport environment is particularly conducive to these problems as a result of overcrowding especially during peak hours exacerbated by the lack of supervision by transport staff. This paper begins by providing briefly the criminologists' views with regards to indecent assaults and why they occur. Having considered some of the psychological and sociological factors to the problem, the paper discusses what amounts to indecent assault and assesses the Crimes Ordinance (Cap. 200) in Hong Kong for the protection afforded to victims of sexual assaults, especially women. With reference to a number of cases, an evaluation is then made as to the extent to which the courts in Hong Kong embrace the deterrence theory in sentencing offenders for indecent assault.