Hong Kong’s proposed mandatory reporting mechanism aims to fight child abuse, but some fear rise in false accusations

Think about it: What are the possible consequences of the proposed mandatory reporting mechanism for child abuse?

A Hong Kong mother surnamed Chen had little knowledge about child abuse until she found herself falsely accused of harming her son in 2021.

It was an ordinary morning as the housewife arrived at the community centre to collect her dyslexic son from his weekly speech therapy class.

But she could not meet the boy. Chen was informed by a social worker that her son had been whisked away to hospital for a medical examination because they discovered an injury on his arm, and believed that he had been subjected to child abuse.

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Shocked, the full-time mom received even more distressing news: she was accused of abusing her son and the centre had reported the case to the police.

“I was very scared and my body was trembling uncontrollably. The social workers did not know anything about me, nor ask me what had happened, but directly called the police. No matter what I said or explained, it was useless,” recalled the mother of three, now 32, who lives in Tai Kok Tsui.

She didn’t know that an accidental injury to her son would be mistaken for child abuse. “I got emotional teaching him homework one day and when I used a hanger to hit the table, it inadvertently hurt my son,” she explained.

“In the mainland, there is no such thing ... I had no idea that corporal punishment could get people sued and arrested,” said Chen, who came to Hong Kong in 2013.

Under the city’s laws, ill-treatment or neglect of a child can lead to a maximum sentence of 10 years in jail.

The police told Young Post that there were 921 cases of physical and sexual child abuse recorded from January to August this year, a 15.8 per cent increase compared to the same period in 2022. Most of the cases were reported by teachers and social workers.

The police said they “handle every child abuse report seriously” but they do not keep records of successful prosecutions.

The procedures for child abuse accusations are complicated. Chen endured a police interview that lasted until 2am, while her son remained in hospital for 10 days. Separated and only allowed to talk on the phone, the mother and son were forbidden from meeting each other.

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Even though the boy was allowed to go home after the hospital found that the injury was not related to child abuse, the mother still had to report to the police station every month for a year until the court ruled that she was innocent of child abuse.

The trauma for the mother and her son wasn’t easily erased.

“My life has been ruined by the incident. Some of my neighbours and other parents talk about how I used to be involved in child abuse and was under police investigation. It makes me feel disgraced and embarrassed,” she said. “My son still feels scared sometimes, worrying that if he cries, the police will come and arrest me.”

In response to the rising number of reported child abuse cases, the government has proposed a mandatory reporting mechanism that would require educators, health professionals and social workers to report suspected child abuse cases. Failure to report such cases could mean three months’ imprisonment and a fine of HK$50,000.

Sam Wong, the director of Concern for Grassroots’ Livelihood Alliance, believes that more false accusations could happen after the implementation of the bill.

“Ever since the government started the consultation for the bill, we have heard of more community centres reporting parents for child abuse,” said the registered social worker.

“Many residents are stressed about the bill as they are clueless about defining child abuse and its severity. Even professionals are confused by the legal terms, let alone the grass roots families,” he explained, worrying that the bill will further increase the pressure of childcare on parents.

“We can foresee that our job will be more difficult in the future ... Under the current circumstances, the child abuse legislation might worsen the situation and lead to more child abuse,” Wong lamented.

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The social worker wants to see clearer explanations and reporting procedures in the bill. Instead of reporting to the police in the first instance, he suggested learning from other places, where child abuse cases go through rigorous review and investigation before being passed to the authorities.

“Even if parents are found not guilty of child abuse in court, it takes time for the family and children to get through the traumatic experience ... Imagine a child having to be separated from their loved ones and knowing that their parents have been arrested,” he said.

“We agree with giving more protection to children through legislation and encouraging professionals to be gatekeepers in reporting cases. But our concern is whether it would be done in a way that causes wrongful allegations and hurts the vulnerable who we hope to protect,” said Wong.

Save the Children is organising a forum for educators and social workers about the potential impact of the bill. It will be held on October 7 and is open to public registration. The registration link can be found here: https://kobo-ee.savethechildren.net/x/etwau1Gk