Opinion | New law to protect Hong Kong’s children welcome but it is not a

Last week’s passing of a law requiring professionals working with children to report serious cases of suspected abuse marks an important step forward in much-needed efforts to protect the young.

Hong Kong has, in recent years, been plagued by scandals. There have been shocking physical and sexual assaults, the causing of psychological harm and neglect of these vulnerable members of society. Action is required.

The new law makes it a criminal offence for members of 25 professions, including teachers, doctors, social workers, therapists, midwives and childcare staff, to fail to report suspected cases of serious harm, or the threat of it, involving victims under the age of 18.

Offenders face a HK$50,000 (US$6,400) fine for less severe cases and up to three months in jail for more serious breaches. The Mandatory Reporting of Child Abuse Bill places a heavy responsibility on more than 100,000 professionals to recognise when a child is suffering or at risk of serious abuse.

Amendments were made to the bill after lawmakers and some professions raised concerns. Proposed penalties were reduced and a “reasonable excuse” defence added. Professionals will not be liable if they “sincerely and reasonably” believe someone else reported the abuse.

It also must be proved that offenders had formed suspicions about the treatment of a child. Examples of what constitutes serious harm were provided, after criticism that earlier ones were too vague.

The changes are sensible and should offer some reassurance to those who now have a legal obligation to report suspected abuse. But the professionals will still need support.

There will be an 18-month period after the law is gazetted before it comes into force. The time must be put to good use.

There is a need to promote the legislation, increase awareness, provide sufficient training and prepare guidelines. Those working with children should be clear on what they need to report and when.

The implementation of the law should be carefully monitored, to ensure the right balance has been struck. It is expected to lead to a sharp rise in reported cases. The police have increased manpower.

But if there is a flood of false reports, perhaps because the professionals concerned are erring on the side of caution, the effectiveness of the law will be undermined.

Child abuse is a serious problem in Hong Kong. The Child Protection Registry of the Social Welfare Department recorded 411 cases in the first three months of this year. There were 1,457 in the whole of 2023.

The new law is welcome, but it is not a panacea. The legislation must be part of a range of measures developing a culture across society that better protects children.