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

Last month, the owner of a private tutorial centre in Kowloon was arrested after the family of two boys complained that the youngsters had been the victims of indecent assault and videotaped.

The man was charged with indecent assault on the two boys, indecent conduct towards children under the age of 16, and making child pornography. About a week later, Hong Kong authorities began investigating more allegations of indecent assault involving 20 other students at the tutorial centre.

This case was just one of many child abuse scandals happening in Hong Kong in recent years.

Is Hong Kong doing enough to protect children from abuse?

In response to this problem, the government has proposed a law requiring certain groups to report suspected child abuse cases. The mandatory reporting mechanism (also called MRR) is still being discussed by lawmakers.

If the bill is passed, certain professionals will have to report to authorities as soon as they can if they have reasons to suspect that a child is suffering serious harm or is at risk of it. There is no time frame for how soon cases should be reported.

The bill lists 23 professions who must report child abuse cases. There are 18 groups from the healthcare sector, including doctors, nurses, dentists, Chinese medicine practitioners, pharmacists and psychologists.

Teachers, wardens of boarding schools, social workers, childcare staff and the heads of residential care homes for youngsters are also included.

Situations that must be reported include psychological attacks, neglect and physical or sexual abuse. If these professionals do not report suspected cases, they could face a three-month prison sentence and a HK$50,000 fine.

David Leung is the deputy secretary for labour and welfare. He said professionals with direct contact with minors had a responsibility to report these cases because children might not be able to express themselves clearly.

The government will provide training and practice guides to these professions.

Despite supporting the idea behind the MRR, medical sector lawmaker Dr David Lam Tzit-yuen, a surgeon, said it was not fair to include specialists who were not trained well enough to make judgments on child abuse, such as audiologists and radiographers. Lam said he hoped authorities would make the responsibilities clearer.
Staff writers

Question prompts

1. What is the owner of the tutorial centre in Kowloon being charged for?

(1) making child pornography
(2) verbal abuse of young children
(3) indecent assault
(4) indecent conduct towards children under 16

A. (1), (2), (3)
B. (1), (2 (4)
C. (1), (3), (4)
D. (2), (3), (4)

2. Under the proposed mandatory reporting mechanism, what will teachers, doctors and social workers be required to do?

3. To what extent do you agree that professionals who have direct contact with minors should be responsible for reporting child abuse cases?

Question prompts

1. What do you think the kids in the illustration are feeling, and why?

2. What does the illustration suggest about the protection of children in Hong Kong?

• The force says the return to schools after the end of the pandemic is why more crimes are being reported

• Police will ramp up their investigative workforce to prepare for the future implementation of a proposed mandatory reporting law

Hong Kong police recorded a 29 per cent increase in the number of child abuse cases in the first half of 2023 compared with the same period in 2022.

Senior Superintendent Kelvin Kong Wing-cheung said the rise was partly because students were returning to school campuses after the lifting of pandemic restrictions. Kong said, “With the resumption of school life, we observed that more cases of physical abuse reported were due to parenting issues.”

He added that public awareness could have increased after high-profile child abuse scandals in recent years, prompting more people to file reports. For example, there has been widespread media coverage of a 2021 scandal involving 34 workers at the Hong Kong Society for the Protection of Children.

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The figures released in August also showed the number of physical abuse cases involving children had risen by 25.5 per cent from the first half of 2022. The force also recorded a 33.2 per cent spike in sexual abuse cases targeting minors. Incidents involving indecent assault also increased by 80 per cent.

Kong said many of the incidents were reported by students attending in-person activities at schools.

The force also noted that children continued to be targeted by online sexual predators. “After the outbreak, children and teens have become more reliant on online channels,” he said. “As they meet these online friends alone, there’s a danger of ... being sexually assaulted.”

The force said last month it would boost resources devoted to the investigation of child abuse by up to 40 per cent. This is in preparation for an expected rise in abuse cases if the mandatory reporting bill is approved.

Kong said police would reinforce each of the city’s regional child abuse investigation teams before the end of the year. A special task force set up in July 2022 to handle such cases also aims to increase staff numbers to cope with an expected rise in reports.

Police will also roll out a public awareness campaign targeting both parents and children for a third year.

The government also plans to improve the emergency placement service for abused children. A new childcare centre is planned for 2024 and is expected to care for up to 192 children a year. Authorities will also step up recruitment of foster families.
Staff writer

Question prompts:

1. According to Issue, what are the possible reasons for the rising number of child abuse cases in the first half of 2023 compared to the same period in 2022?

(1) return of students to school campuses after the lifting of pandemic restrictions
(2) higher public awareness after widespread media coverage of a child abuse scandal
(3) more students attending in-person school activities
(4) children’s use of social media to connect with others

A. (1), (2) and (3) only
B. (1), (3) and (4) only
C. (2), (3) and (4) only
D. all of the above

2. Identify TWO measures from the city’s police and TWO from other authorities that are meant to support the MRR if it is approved.

3. Based on News and Issue, to what extent do you agree the government’s plans can address the city’s child abuse problem?

Your Voice: Hong Kong must address child abuse

Question prompts

1. Pick TWO professions from the chart above. Explain ONE reason they would be able to report suspected cases of child abuse and ONE challenge they might face in doing so.

2. Give TWO suggestions for how authorities can address the challenges in your answer above.

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child abuse: any act of commission or omission that endangers or impairs the physical or psychological health and development of an individual under the age of 18. This can be in the form of physical abuse, emotional and psychological abuse, sexual abuse and neglect.

indecent assault: a non-consensual sexual offence that violates someone’s sexual autonomy. This includes kissing someone without their consent or touching their genitals when they have not agreed to it. The maximum punishment is 10 years’ imprisonment. It is a separate offence from rape, which involves non-consensual intercourse.

mandatory reporting mechanism: also known as MRR, which stands for mandatory reporting regime. Following high-profile cases of child abuse at the Hong Kong Society for the Protection of Children in late 2021, authorities in June proposed a bill requiring health professionals, educators and social workers to report suspected cases of child abuse if they have reasonable ground during their work to suspect that a child has suffered serious harm or is at imminent risk of suffering serious harm. Identities of individuals who alert authorities will remain confidential. They will be entitled to immunity from civil or criminal liability and other professional conduct consequences that could arise from filing an abuse report.

sexual predators: people who sexually take advantage of others, especially those who are vulnerable

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News
1. C
2. Under the proposed law, teachers, doctors and social workers will be required to report to authorities if they have reasons to suspect that a child is suffering serious harm or is at risk of it.
3. To a large extent, I agree that professionals who have direct contact with minors should be responsible for reporting child abuse cases. As trusted individuals in positions of authority, they have a moral obligation to ensure the safety and well-being of children. By reporting suspected cases, they can conduct interventions and help protect vulnerable children from further harm. / I agree that professionals who have direct contact with minors should try their best to report cases of abuse, but not all of these professions have the same amount of contact with minors. Certain specialists, who only see a child briefly, might not have the training and time to figure out what is happening – whereas teachers and social workers have much more experience and time with children. (accept all reasonable answers)

Cartoon
1. The children look distressed, as evidenced by their crying and upset expressions. The umbrella that is supposed to cover them has many holes, so they are still getting soaked by the rain.
2. The illustration suggests that Hong Kong may not be doing enough to protect children. The kids are holding an umbrella with holes, which could be referring to a lack of resources and protection in the city. (accept other reasonable answers)

Issue
1. D
2. The police force is reinforcing each of the city’s regional child abuse investigation teams / increasing staff numbers in the special task force handling such cases / rolling out another public awareness campaign targeting both parents and children. The government will also open a new child care centre and recruit more foster families to improve the emergency placement service for abused children.
3. To a certain extent, I agree that these measures can effectively combat child abuse because the initiatives can educate the public and increase public awareness of child protection. The MRR can also help identify and address cases of child abuse more promptly. However, the effectiveness of mandatory reporting depends on factors such as individual awareness, training, and support systems in place. In addition, there are concerns about potential over-reporting, false accusations, and impacts on privacy and trust. (accept other reasonable answers)

Chart
1. Teachers meet students five days a week, and they have the chance to get to know them well. They can inquire about any potentially harmful situations they notice about their pupils. But a challenge they could face is in making sure not to break the trust of their student. / Doctors would be able to detect physical symptoms of abuse, but because they only see patients for a short time, they might not have the time needed to figure out what is going on and whether there is something that needs to be reported. (accept other reasonable answers)
2. For teachers who are reporting, the government can create different paths of investigation depending on how serious the teacher deems the issue. It can also include assurances that parents will not be notified until a strong case is made. This could help students feel like they have more control of the situation and trust that their teachers and the government truly will take the time to understand their case. / To help doctors better assess the situation, the government can implement a widespread child abuse assessment that is standard across every child’s doctor appointment. This will give the doctor a better platform to get to know their patient’s case.