Face Off: Is Hong Kong’s new child protection bill enough to prevent child abuse?

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  • Each week, two readers debate a hot topic in a showdown that doesn’t necessarily reflect their personal viewpoints
  • This week, they discuss whether a new mandatory reporting proposal would help vulnerable children in the city
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Will a new child protection bill actually help children, or will it backfire? Photo: Shutterstock

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For: Calissa Poon, 11, Diocesan Girls’ School

Calissa Poon from Diocesan Girls’ School. Photo: Handout

The Hong Kong government has recently proposed a new child protection law following several high-profile abuse scandals over the last few years. One key part of the proposal is a provision stating that certain people, such as social workers, teachers and medical personnel, must report to authorities if they suspect a child is in danger or suffering from serious harm due to long-term abuse.

Although the bill covers professions most likely to discover cases of child abuse, a debate has emerged over whether this bill goes far enough. I think the bill will do a lot to prevent child abuse.

The bill covers professionals from 23 different sectors, many of them in the medical industry, and the government will provide training on how to identify abuse from clues – for example, obvious wounds on the body over a long period of time.

What is Hong Kong’s proposed mandatory reporting mechanism for child abuse cases?

Since 2019, the Social Welfare Department (SWD) has held training programmes for front-line professionals to enhance their capabilities in identifying suspected child abuse cases early. This includes reporting suspected cases, risk assessments, and immediate protection action. They even collaborate with the Education Bureau, the Hospital Authority, the Department of Health and local NGOs to make sure they have a strong, comprehensive programme.

While the bill could be extended to compel all people who suspect child abuse to report to the police, this would likely lead to over-reporting and may cause disputes or family issues. Many people do not have the skills to differentiate between child abuse and normal injuries, but a person who knows the child well, like a teacher or doctor, would understand their behaviour.

Children must be protected and prioritised. Photo: Shutterstock

Imagine if a neighbour who seldom interacts with a child reports a case of abuse just because he sometimes hears screaming from the flat next door. It could start an unnecessary investigation, which would uproot the lives of the child and family.

If these professionals do not report suspected cases, they could face a three-month prison sentence and a HK$50,000 fine. This penalty is serious enough that people will err on the side of caution and follow the law.

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Against: Emily Cen, 13, Independent Schools Foundation (Secondary)

Emily Cen from Independent Schools Foundation (Secondary). Photo: Handout

Child abuse is a grave matter that requires comprehensive measures to safeguard vulnerable children. Hong Kong’s new child protection bill aims to prevent abuse by creating legal consequences if people in certain professions fail to report suspected cases. While the bill sounds good, it is crucial to evaluate the proposal critically.

Under the bill, it will be mandatory for members of 23 professions to report suspected child abuse cases, including doctors, social workers, teachers and therapists. This includes abuse of any kind, including physical or sexual abuse, neglect and psychological assault.

Is Hong Kong doing enough to protect children from abuse?

Professionals in fields with limited knowledge of child abuse may struggle to correctly identify potential cases, leading to many going unnoticed or ignored. It is not fair to expect people like laboratory technologists, radiographers and Chinese medicine practitioners to report child abuse without providing adequate education on the signs of it. They could miss cases solely by accident, damaging their reputation and leading to serious consequences.

There are a few ways this could go horribly wrong; either professionals won’t report actual cases because they don’t have the proper education, or they will report too many false cases and end up wasting public resources and breaking families apart thanks to false accusations.

False accusations from uneducated people could tear families apart. Photo: Shutterstock

The bill could also discourage victims from speaking out since the issue is out of their control once they tell someone what is happening. They may be afraid of being interrogated by the police or losing their family’s only source of income. This could prevent them from getting medical care or attending school, as these places both have mandatory reporters. We should respect the victims by letting them tell their stories when they are ready, rather than forcing them.

Furthermore, the maximum sentence for child abuse is 10 years, meaning the abuser could go to jail for a decade, and continue abusing children when they get out. This is why it is essential to ensure people are properly rehabilitated in prison, where they can heal their inner scars and truly change.

Lawmakers must acknowledge these challenges, strengthen the bill and create a safe environment for children.

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