Source: Hong Kong Government special administrative region
Following is a question by the Hon Maggie Chan and a written reply by the Secretary for Labour and Welfare, Mr Chris Sun, in the Legislative Council today (July 16):
Question:
It has been reported that Hong Kong has recently witnessed a series of shocking cases of child abuse, including a recent incident where a deliveryman repeatedly abused his biological daughter, leading to her death. The defendant was ultimately convicted of murder and sentenced to life imprisonment, and he was sentenced to imprisonment of six years and five months for his child abuse offence. There are views that as the current maximum penalty of child abuse is only ten years, it fails to fully reflect its severity and effectively prevent child abuse from taking place, and, given that Hong Kong has seen cases of child abuse resulting in death in the past, it is imperative for the authorities to significantly increase the maximum penalty for child abuse offence, so as to enhance deterrence and protect children. In this connection, will the Government inform this Council:
(1) of the following information regarding child abuse cases successfully prosecuted by the authorities last year: (i) number of cases, (ii) date of prosecution, (iii) date of sentence, (iv) whether the perpetrator was a direct relative of the victim, (v) whether the abuse resulted in the death of or grievous bodily harm to the child, and (vi) term of imprisonment in cases where imprisonment was imposed; and
(2) whether it has plans to review relevant legislation to increase the maximum penalty for child abuse offence; if so, of the details; if not, the reasons for that?
Reply:
President,
The Government has been adopting a multi-pronged strategy to protect children from harm or abuse. Apart from identifying and intervening in child abuse cases at an early stage to protect children, the Government also supports families at risk of child abuse to prevent child abuse at source. The consolidated reply to the Member’s question, in consultation with Security Bureau, is as follows:
At present, there are many pieces of legislation in place that protect children from harm and abuse, including the Offences against the Person Ordinance (Cap. 212), the Crimes Ordinance (Cap. 200), the Prevention of Child Pornography Ordinance (Cap. 579) and the Protection of Children and Juveniles Ordinance (Cap. 213).
Section 26 of the Offences against the Person Ordinance (Cap. 212) provides that any person who unlawfully abandons or exposes a child under the age of 2 years, whereby the life of such child is endangered, or the health of such child is or is likely to be permanently injured, shall be guilty of an offence; and section 27 provides that any person over the age of 16 years who wilfully assaults, ill-treats, neglects, abandons or exposes any child or young person under the age of 16 years under the person’s custody, charge or care in a manner likely to cause such child or young person unnecessary suffering or injury to his health shall be guilty of an offence. Among the cases concluded in 2024, the number of persons prosecuted and convicted under the two above-mentioned provisions, as well as the sentences for the persons convicted are at Annex. The Security Bureau does not maintain information about the relationship between the defendant and the victim, and the statistics of the death or severe bodily harm caused in the aforementioned cases.
The Mandatory Reporting of Child Abuse Ordinance (the Ordinance) will come into effect in January 2026. To strengthen early identification and intervention of child abuse cases, the Ordinance mandates specified professionals in the social welfare sector, education sector and healthcare sector to report serious child abuse cases, thereby creating a wide and effective protection web for children and sending a strong deterrent to potential perpetrators that their abuse behaviours will easily be exposed. To tie in with the commencement of the Ordinance, the Government launched the Child Protection Campaign in January this year to enhance the mandated reporters and the general public’s understanding of the Ordinance and raise their awareness of child protection. In addition, to strengthen prevention of child abuse from source, the Social Welfare Department (SWD) will convert four Children and Youth Centres into Community Parents and Children Centres on a pilot basis to promote parent-child interaction through play-based services and instil positive parenting skills in parents, render support for families with parenting needs, and refer families with other needs to appropriate government and community services. Through home visits and referrals from healthcare or welfare service units, the SWD will approach families of socio-economic deprivation and provide them with further support via in-depth casework and group work, including therapeutic counselling and systematic and tailor-made group programmes.
The implementation of the mandatory reporting regime and the setting up of Community Parents and Children Centres mark an important milestone in child protection. The Government will continue to ensure that the various support measures are properly put in place, and will monitor the effectiveness of the above measures after their implementation to consider how to further enhance child protection work, including the need to increase the maximum penalties for child abuse offences.