Priscilia Lam SC and Sean O’Reilly represented the Respondent in HKSAR v FSL [2026] HKCFA 13

The Respondent was convicted after trial of two counts of committing an act of gross indecency towards a child under the age of 16 and two counts of inciting a child under the age of 16 to commit an act of gross indecency towards him, contrary to s.146 of the Crimes Ordinance (Cap. 200) (the “Gross Indecency Offence”). Priscilia Lam SC represented him before the Court of Appeal (in [2025] HKCA 598) and successfully argued that the indecent conduct complained of must be done with the intent of obtaining sexual gratification. The Prosecution appealed to the Court of Final Appeal.

The Court of Final Appeal held that the words “with” and “towards” in the context of the Gross Indecency Offence are merely prepositions describing different ways in which a child might be exposed to, and thereby harmed, by an act of gross indecency. The two words do not create different offences and that there remain only two forms of offending the Gross Indecency Offence, namely the commission limb and the incitement limb. The Court of Final Appeal also found that the Prosecution is not required to prove the additional intention of obtaining sexual gratification from the act.