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TABLE 2: LEGALITY OF ADULT SEX WORK IN EAST ASIA Legal Illegal Not Illegal* Information Unavailable Country Mainland China Hong Kong SAR Sex work in private Soliciting Brothels Laws Law on Penalties for Administration of Public Security imposes administrative penalties of up to 15 days detention or RMB5,000 fine for sex work. Repeat offenders may be detained for up to 2 years in re-education centres. Brothels are illegal under the Criminal Law. Independent sex work is legal. The Crimes Ordinance creates offences of soliciting and keeping a brothel. Macao SAR Taiwan, Province of China Sections 163, 164 of the Criminal Code state it is an offence for a person to facilitate or assist another to sell sexual services to make a profit. Soliciting is also illegal. Sex work outside licensed premises in approved red light districts attracts a maximum fine of NT$30,000 for both sex workers and their clients, and a maximum fine of NT$50,000, plus five-days detention, for brothel operators. Japan Article 3 of the Anti-Prostitution Law of 1956 prohibits soliciting and prostitution. The Businesses Affecting Public Morals Regulation Law 1948 regulate sex work businesses. Mongolia The Law on Combating Licentiousness (Prostitution and Pornography) prohibits sex work, soliciting and brothels. Democratic People’s Republic of Korea (North Korea) Republic of Korea (South Korea) The Criminal Code imposes strict penalties on clients of sex workers of up to two years hard labour. The death penalty reportedly applies for persons organizing ‘prostitution rings’. 279 The Special Law on Prostitution 2004 prohibits the buying and selling of sex and brothels. * Generally not prohibited but exceptions apply. 279 Hagard S., Noland M. (2009) Repression and Punishment in North Korea: Survey Evidence of Prison Camp Experiences, p.7, available at: http://www.e-alin.org/file/attach/upload_3366750522154813917.pdf. 92
5.2 Mainland China Illegal SEX WORK IN PRIVATE Illegal SOLICITING Illegal BROTHELS Mainland East Asia China 5.2.1 Laws Sex work is prohibited by the administrative law of the People’s Republic of China, rather than the criminal law. Selling and buying sex is prohibited by the Law on Penalties for Administration of Public Security 2005. Article 66 provides a penalty for sex work or being a client of a sex worker of up to 15 days detention and a fine of up to 5,000 yuan, and a penalty for touting for sex work of detention for not more than five days or a fine of not more than 500 yuan. Article 67 provides an offence for a person who seduces, shelters or introduces another person to engage in sex work, with a penalty of detention for up to 15 days and a fine of up to 5,000 yuan. Sex workers may be detained under administrative law for the purposes of education, or for re-education through labour. Detention for ‘custody and education’ (or ‘shelter and education’) may be for a period of between 6 months and 2 years. Detention for ‘reeducation through labour’ may be for a period of up to 3 years, and is usually imposed for repeat offenders. 280 In 2010, there were reports of sex workers and clients detained for six month periods at re-education centres. Lawyers at the time questioned the legality of lengthy detention of sex workers and clients for re-education, on the grounds that the more recent Law on Penalties for Administration of Public Security 2005 should apply, rather than relying on powers to detain sex workers under older administrative laws such as the Decision on the Strict Prohibition Against Prostitution and Whoring, 1991. 281 The municipal law of Chongqing was changed in 2012 to remove reeducation through labour as punishment for sex workers and their clients. 282 The Criminal Law states that it is illegal for people to be involved in organizing or profiting from sex work, but does not create specific offences for sex workers or their clients (except in the case of sex workers who have an STI). Selling or buying sex when knowingly infected with a venereal disease carries a penalty of a fine and a sentence of up to five years in prison, or detention, or surveillance. 283 The Criminal Law provides that: “organizing, forcing, inducing, housing or introducing” sex workers is punishable by up to 10 years’ imprisonment (or more under some circumstances), a fine or confiscation of proceeds. For repeat offenders, the sentence ranges from ten years imprisonment to the death penalty. 284 A person who profits, invites 280 Tucker J., et al., (2010) Incarcerated Sex Workers and HIV Prevention in China: Social Suffering and Social Justice Countermeasures. Social Science and Medicine 70, 121-129. 281 Prostitutes, johns get 6 months, Global Times, 8 September 2010. 282 Calls strengthen for controversial punishment through labour to be scrapped, Global Times, 5 June 2012. 283 Article 360. 284 Article 358. The death penalty has been applicable since the 1991 Decision on Strictly Forbidding the 93
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SEX WORK AND THE LAW IN ASIA AND TH
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SEX WORK AND THE LAW IN ASIA AND TH
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Table of contents 7. PACIFIC Overvi
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ACRONYMS AND KEY TERMS Term Definit
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PLHIV People Living with HIV PLRI P
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Legal terms Law: Laws are rules pre
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xii AN INDIAN HEALTH WORKER EXPLAIN
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India, Nepal and the Philippines).
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Laws, policies and practices that a
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opened a bar in Chiang Mai that pro
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8 SUSPECTED SEX WORKERS HIDE THEIR
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ii. iii. consultations with sex wor
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1.2 International legal and policy
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iii. the report of the Independent
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into commercial sex and by whom, an
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UN Trafficking Convention The UN Co
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20 SEX WORKERS WAIT FOR CLIENTS ON
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to police for fear of further abuse
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social security laws that do not re
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example. However, as these programm
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Jagriti Mahila Maha Sangh (Federati
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organize within their communities a
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32 KUAN HSIU-CHIN, ONE OF TAIWAN’
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Where governments have recognized t
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1.2 Laws that criminalize sex work
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4.2 Donors should support NGOs and
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40 NEARLY 2,000 SEX WORKERS SHOUT S
Page 56 and 57: e.g., devadasis, jogins, bhavins. T
Page 58 and 59: TABLE 1: LEGALITY OF ADULT SEX WORK
Page 60 and 61: The Local Government (Zila Parishad
Page 62 and 63: Despite the Court’s ruling, a stu
Page 64 and 65: order to ensure smooth operation of
Page 66 and 67: 4.3 Bhutan Illegal SEX WORK IN PRIV
Page 68 and 69: State laws relating to public order
Page 70 and 71: The Act provides institutional reha
Page 72 and 73: Convention for Suppression of Traff
Page 74 and 75: 4.4.2 Law enforcement practices Pol
Page 76 and 77: A study of 673 female sex workers i
Page 78 and 79: Kotiswaran has conducted a detailed
Page 80 and 81: involving power analysis, implement
Page 82 and 83: HIV/AIDS coordination committees we
Page 84 and 85: …The community mobilization effor
Page 86 and 87: The DMSC approach has reduced the n
Page 88 and 89: 4.5 Maldives Illegal SEX WORK IN PR
Page 90 and 91: 4.6.1 Laws The Trafficking and Tran
Page 92 and 93: false arrest for carrying condoms,
Page 94 and 95: 2. The government, donors and UN ag
Page 96 and 97: Section 371A and Section 371B of th
Page 98 and 99: Sex workers are routinely harassed
Page 100 and 101: fine. 261 An ‘incorrigible rogue
Page 102 and 103: The UN Committee on the Elimination
Page 104 and 105: 90 Caption for photo here SEX WORKE
Page 108 and 109: or accommodates a woman for sex wor
Page 110 and 111: there are many illegal practices pe
Page 112 and 113: of police misconduct reported by se
Page 114 and 115: All pilot projects recognized that
Page 116 and 117: 5.3 Hong Kong Special Administrativ
Page 118 and 119: 5.4.1 Laws Sex work in private is l
Page 120 and 121: In 2011, the Legislature amended th
Page 122 and 123: y a television crew, which then bro
Page 124 and 125: others, inducing a person to be a s
Page 126 and 127: STI examinations show a rapid decre
Page 128 and 129: A SEX WORKER STANDS IN A DOORWAY AT
Page 130 and 131: deportation, with limited access to
Page 132 and 133: 6.2 Cambodia 371 Legal SEX WORK IN
Page 134 and 135: Prior to 2008, research documented
Page 136 and 137: 5. Targeting of sex workers reduced
Page 138 and 139: involved in drug use, special inter
Page 140 and 141: educate about the situation of sex
Page 142 and 143: such as streets and parks are a bar
Page 144 and 145: of Rp 5000 before leaving.…Securi
Page 146 and 147: 100% CUP 100% CUP approaches have b
Page 148 and 149: young, poorly educated Khmou women
Page 150 and 151: 6.4.3 Efforts to improve the legal
Page 152 and 153: There are periodic police crackdown
Page 154 and 155: Several workers in all groups raise
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The government issued an Administra
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Sex workers in many countries have
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of HIV prevention efforts. In the a
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There are also protective laws such
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Other examples of local ordinances
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Sex workers working independently a
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standard operating procedures of la
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If sex work is conducted in a ‘pr
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Suppression of Human Trafficking Ac
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According to the Empower Foundation
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and STD awareness, limited access t
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including sex workers, on a volunta
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2010. 584 A raid in 2011 by police
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The National Programme aims to free
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6.11.3 Efforts to improve the legal
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TRANSGENDER SEX WORKER, SHEENA, HAS
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antibodies. Certification may engen
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continued Sub-region / country / te
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continued Sub-region / country / te
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7.3 Kiribati Legal SEX WORK IN PRIV
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The HIV/AIDS Decree 2011 provides t
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in building community and liaise wi
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provide a place to work or to prote
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of discrimination and police brutal
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Another man described a raid on the
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and key populations, including sex
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The purpose of this Act is to decri
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Laws State / Territory Legislation
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programmes. 696 New South Wales dec
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testing increased, with the regular
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ANNEX I: SELECT BIBLIOGRAPHY Abel G
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National Network of Sex Workers and
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Violence from police (e.g., Republi
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Theme: Economic Rights/Right to Liv
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ANNEX III: LIST OF ORGANIZATIONS PA
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