Call to close loopholes in Hong Kong’s child sexual offence bill

Hong Kong is introducing changes to existing laws recommended by the Law Reform Commission following its reviews of sexual offences and sentences released in 2019 and 2022.

Photo: Getty Images More than 30 groups and individuals have collectively called on the government to close loopholes in Hong Kong’s child sexual offence bill and provide greater protection to survivors.

In a paper released on Thursday, the non-profit organisations and professionals also urged the judiciary to review its practice directions to safeguard child abuse victims who often suffered from intense cross-examination in court, which could lead to secondary harm. “With 16 per cent of children suffering from child sexual abuse in Hong Kong, we must urgently address critical gaps in Hong Kong’s child sexual offence laws to enhance protections for vulnerable children,” Taura Edgar, founder and chair of the board of Talk Hong Kong, said. “These changes are essential to create a more effective legal framework that prioritises child safety.” The bill will introduce changes to existing laws recommended by the Law Reform Commission following its reviews of sexual offences and sentences released in 2019 and 2022.

The bill will establish new sexual offences involving children and people with mental impairments.

The group releases a joint position paper on Thursday.

Photo: Jelly Tse Doris Chong Tsz-wai, executive director of the Association Concerning Sexual Violence Against Women, said a new offence for persistent abuse was needed.

According to figures from RainLily, a sexual violence crisis support centre, 60 per cent of nearly 500 requests for help involving childhood sexual abuse between 2019 and 2023 involved repeated acts.

It said 60 per cent of survivors only sought its help more than five years after the event.

But the current law required “very specific” details for evidence, such as the date, time and exact circumstances of the abuse, Chong noted.

For victims who had suffered persistent abuse, in some cases more than 100 times, recollecting so many details created “an impossible barrier to justice” and allowed perpetrators to evade conviction or be found guilty of a lesser offence, she said. “[Prosecutors] asked whether it was the left or right hand that touched the body, what clothing was being worn … these are extremely difficult for the victims,” she said.

Creating an offence of persistent abuse would allow for prosecutions based on a demonstrated pattern of acts rather

原文链接: 南华早报