More can be done to support witnesses in Hong Kong sexual offence cases
- Automatic right to screens in Hong Kong courts that spare complainants from having to face the accused would encourage victims of crime to come forward, and enhance justice
Giving evidence in court is an ordeal for most witnesses. But for complainants in sex crimes, the experience can be traumatic.
Testifying usually involves attending court, publicly describing harrowing events and facing probing questions from a defence lawyer. For many, it feels as if they are reliving the assault.
There is a need to ensure complainants in such cases receive sufficient support. Otherwise, they will be deterred from reporting such crimes.
The issue is attracting attention again as a result of a recent case at West Kowloon Court. A magistrate revoked a successful application by the prosecution for a woman who accused a football coach of sexually assaulting her to be shielded by a screen while giving her evidence. The coach was eventually acquitted.
Hong Kong courts urged to better protect witnesses in sex offence cases
Screens have, for decades, been available for sex-offence complainants and other vulnerable witnesses, sparing them the need to face their alleged assailant across the courtroom.
The aim is to make witnesses feel comfortable enough to give evidence. Children, witnesses with mental illness and those who are in fear have, since 1995, also had the option of applying to testify by video link, rather than sit in the courtroom. This was later extended to complainants in cases involving certain sex offences.
But the use of such measures must be applied for, and can be resisted by defence lawyers. Ultimately, it is for the court to decide on a case-by-case basis. The question of whether complainants receive sufficient support should be reviewed and, if necessary, reformed.
Britain’s Law Commission conducted a consultation last year on giving such witnesses an automatic right to a screen, video link or to have their evidence recorded before trial, among other measures.
It suggested the process of applying to court for their use could, in itself, be intrusive and was unnecessary as almost all of the requests succeeded.
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The judiciary in Hong Kong said it had received 465 applications to use screens since 2019 and all had been successful.
When the issue was last considered by the legislature in 2016, the government opposed an automatic right on the basis that it would limit the court’s discretion, deny the complainant a choice and potentially have an impact on the principle of open justice.
But it is worth considering again. The British proposal gives complainants the option, rather than making such measures mandatory.
Progress has been made over the years in providing complainants in sex cases with support. But more can be done.
While there is a need to balance the rights of the defendant with those of complainants, every step possible should be taken to ensure victims of crime have the confidence to come forward and give their evidence. Justice depends on it.
