Letters | What Hong Kong’s abuse reporting law means for child-facing professionals
Readers discuss the implications of the new law, and support for sexual minority rights
The duty triggers where, in the course of work of a specified professional, there are reasonable grounds to suspect that a child under 18 is suffering serious harm (be it physical, sexual, psychological harm or neglect) or is at real risk of the same. While existing cases meeting this threshold will need to be reported, the ordinance does not require a reopening of every historic concern without current risk. Specified professionals should review high-risk cases via the decision trees in the Guide for Mandated Reporters, rather than adopt a report-everything approach.
Reports should be made to the director of social welfare or commissioner of police, with flexibility for urgent cases such as those involving imminent danger.
The process starts by spotting signs, using the decision trees to confirm the threshold, then submitting details including the child’s information, particulars of the serious harm and the reporter’s contact details via an electronic platform. In emergencies, contact the police immediately. As a matter of good practice, the professional should always record the concern, the decision process and then make a report where necessary, then cooperate during any follow-up inquiries.
It must be highlighted that good-faith reporters enjoy immunity from civil and criminal liability or professional sanctions solely in complying with the reporting requirements under the ordinance. The reporter’s identity is protected (disclosure of the reporter’s identity is an offence in itself). Obstructing a professional from making a report also carries a penalty of fines up to HK$50,000 and up to three months’ imprisonment. Failure to make a report carries the same penalty though there may be defences.