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“Certain sexual offences committed against children outside Hong Kong; related arrangements and advertisements

153P. Extra-territorial effect of sexual offence provisions listed in Schedule 2

(1) Where—

(a) (i) a person who is a Hong Kong permanent resident or who ordinarily resides in Hong Kong;

(ii) a body corporate that is incorporated or registered in Hong Kong; or

(iii) a body of persons, whether corporate or unincorporate, that has a place of business in Hong Kong,

commits any act outside Hong Kong; and

(b) the act—

(i) would have constituted an offence under any of the provisions specified in Schedule 2 had it been committed in Hong Kong; and

(ii) is committed in relation to a person under the age of 16 or, in the case of an offence under section 123 or 140, under the age of 13,

then the person or body shall be guilty of that offence.

(2) Where any person or body of persons, whether corporate or unincorporate, commits any act outside Hong Kong that—

(a) would have constituted an offence under any of the provisions specified in Schedule 2 had it been committed in Hong Kong; and

(b) is committed in relation to a person who is a Hong Kong permanent resident or who ordinarily resides in Hong Kong and is—

(i) under the age of 16; or

(ii) in the case of an offence under section 123 or 140, under the age of 13,

then the person or body shall be guilty of that offence.

(3) Where a defendant is charged with an offence that is an offence by virtue of subsection (1) or (2) and involves a sexual act done by him with or to another person, it is a defence for the defendant to establish that—

(a) at the time of the sexual act, there existed between the defendant and that other person a marriage that was valid, or recognized as valid, under the law of—