Interests of victims central to tougher law on child abuse
- Those who fail to report suspected cases face being charged with a criminal offence in proposals that require serious thought by Hong Kong authorities
The government has unveiled proposals to strengthen legal protection of children against abuse. They will make it a criminal offence for a wide range of social workers, teachers and healthcare professionals to fail to report suspected child abuse in cases where the victim has suffered serious harm, or is at risk of that. The crime will carry a penalty of up to three months in jail and a HK$50,000 ($US6,380) fine, and will also result in loss of licence.
This has been in the pipeline for some time. The process has been accelerated because recent cases have heightened community concerns. The government will send a bill to the Legislative Council later this month. The changes bring Hong Kong into line with measures adopted in other parts of the world to protect vulnerable children. Legco should thoroughly debate the issues, including the concerns of sectors directly affected.
The changes deserve support. Child abuse is a difficult issue, particularly when it occurs in the child’s own home. But apart from the affront to society’s basic values, it can inflict lasting psychological harm on the victim. It cannot be tolerated. Everyone should report it. Professionals in regular contact with children are better placed to identify the signs and alert the authorities.
What risks do Hong Kong professionals face in new bill to prevent child abuse?
Representatives from the relevant sectors remain concerned about the challenges of complying with the new legislation and the legal risks that could arise, such as unintentionally running foul of the law. The authorities should heed their call to ensure adequate training and proper guidance.
The proposal comes in the wake of an abuse scandal involving employees at a facility run by the Hong Kong Society for the Protection of Children. Some staff members were accused of yanking the children’s hair, hitting their heads, slapping their faces and throwing them to the ground.
Some argue the proposals do not go far enough, and that the threshold of serious harm is set too high. The penalty may seem relatively low, but it is consistent with other sanctions for failing to report crimes. The government is right to proceed cautiously, to ensure the system does not become overburdened with claims that lack clear merit. Some safeguards have been included to encourage people to make reports. While the proposals require most cases of suspected child abuse to be reported as soon as practicable, a delay is allowed if deemed necessary and in the best interests of the child.
Also, to put the interests of the child front and centre, the people who report suspected abuse will be given anonymity and immunity from legal action. This is a significant child welfare reform. It deserves serious debate from every perspective.
