Fine print aside, our children come first
- Legislation to protect the most vulnerable in society has been amended to give Hong Kong childcare professionals benefit of the doubt, but that should not abandon core principles of the original intent of the law
Children deserve to grow up in an environment free from violence and abuse. Sadly for some that has not been the case, and sadder still, many cases go unreported.
Authorities have thus been working on legislation to strengthen legal protections against child abuse, making it a criminal offence for doctors, social workers, teachers and other professionals who fail to report cases involving serious harm.
After debate and input from lawmakers, Hong Kong welfare authorities have amended the bill to reduce some penalties and reserve jail terms only for cases involving serous harm.
The changes are reasonable ones.
Under the original bill announced last year, workers in 23 professions − also including nurses, dentists and childcare staff − who failed to report incidents of psychological attacks, neglect and physical or sexual abuse, would face up to three months in prison and a HK$50,000 fine.
Concerns emerged that the definition of serious harm was so vague that professionals might be compelled to unnecessarily report some cases to avoid losing their qualifications. Additional concerns were the proposed penalties were too stiff and the bill failed to offer professionals adequate defence.
Addressing this, the Mandatory Reporting of Child Abuse Bill was amended to exempt professionals if they had reported suspicious child abuse cases, or “sincerely and reasonably believe” another professional had done so.
A new provision allows them to use a “reasonable excuse” as a defence. The government also must prove a professional had formed a suspicion about a case.
Last, the legislation will set out injuries that constitute “serious harm”. Some will argue the proposals don’t go far enough, but the penalties remain in line with other sanctions for failing to report crimes.
The problem is real. Hong Kong recorded nearly 1,400 child abuse cases in 2023, up more than 12 per cent from the year before. Half of the cases logged were sex abuse, the rest physical abuse.
Once in place, the law should encourage even more reporting. The legislation should be regularly reviewed and, if found to be inadequate, revised again. The welfare of our children is the utmost priority.
