NCJ Number
194071
Date Published
1998
Length
93 pages
Annotation
After examining the nature of stalking and its impact on victims, this paper reviews how existing Hong Kong law, both civil and criminal, is being used to address various stalking behaviors, followed by an overview of relevant legislation in other countries and recommendations for reform in Hong Kong's approach to stalking.
Abstract
The Privacy Subcommittee of the Law Reform Commission of Hong Kong, which authored this paper, concludes that the concept of "harassment" is an adequate description of both the activities of stalkers and the impact that their behavior has on victims. It refers to the definition of "harass" in the California Penal Code: "a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes the person, and that serves no legitimate purpose." The first section of this paper also discusses methods used by stalkers, the right of individuals not to be harassed by stalkers, types of stalkers, victims of stalking, and the impact of stalking on victims and on their privacy. The review of how current Hong Kong civil law may be used to counter stalking behavior identifies the specific harms that may accompany stalking for which civil remedies currently exist. Civil procedures are explained, and the difficulties of dealing with stalking under existing civil law are noted. Stalking behaviors that may be proscribed under current Hong Kong criminal law are also considered, along with the difficulties of dealing with stalking under existing criminal law. Following a review of anti-stalking legislation in Canada, New Zealand, South Australia, England and Wales, and the United States, legislative reforms are recommended for Hong Kong. The Commission recommends the enactment of an anti-stalking law, and it offers proposals for defining the offense as criminal behavior that carries a 2-year prison sentence. In the civil arena, the Commission recommends that damages be sought for any distress, anxiety, and financial loss that results from the harassment.