The United Nations Convention on the Rights of the Child has been in force in Hong Kong since 1994. It requires that children are protected from all forms of sexual exploitation and abuse (Art.34). This imposes a heavy obligation on the Hong Kong Special Administrative Region government, and it is now being discharged.
On June 29, the Security Bureau (SB), in a paper submitted to the Legislative Council, unveiled radical proposals to reform the sexual offense laws. Many of those offenses are based on English laws dating back to 1956, which have already been modernized in the United Kingdom. The proposals come 20 years after the Law Reform Commission (LRC) established a subcommittee to consider the issues in 2006.
The SB explained, “The government considers it necessary to review and improve the laws on sexual offenses in Hong Kong, so as to address the inadequacies of the current provisions and respond to changes in perceptions related to sexual offenses.” Although the LRC issued four consultation papers and two reports (2019 and 2022), making 72 recommendations, progress has been slow. However, the SB said, “Overall, the government agrees with the LRC’s views and recommendations,” which was welcome. The proposals were undoubtedly worth the wait, with the government saying its policy is “to ensure protection for vulnerable groups, along the spirit of the protective principle”.
The package envisages, for example, expanding the definition of rape, creating new offenses to protect children, and extending protections for mentally handicapped people. It is intended that 37 new offenses will be created, with 23 others being repealed. The proposals were briefly considered by the LegCo’s Security Panel on July 7, and a one-month public consultation is now underway. The SB plans to introduce a bill in the LegCo later this year, with a view to its implementation before the sixth-term HKSAR government concludes in June 2027.
In formulating its proposals, the SB (like the LRC) had regard to how criminal justice systems in other common law jurisdictions protect the most vulnerable. Some places have had child protection laws on their statute books for many years, and it is possible to identify those which are best suited to the HKSAR. A comprehensive reform package has been formulated, and upon implementation it will greatly advance the interests of criminal justice.
In the area of child protection, some people feared that the law mandating the reporting of child abuse (which took effect on Jan 20) might be a one-off, but it was only the start. The proposed laws involving child protection are commendable, and deserve to be better understood. They plug lacunae that have concerned child welfare campaigners for many years, and show the government appreciates the scale of the problem. Last month, for example, the police informed the LegCo there were 797 sexual offenses against children in 2025, up 20 percent from 663 in the previous year. In 2021, there were 599 such cases, and it must never be forgotten that the official statistics are only ever the tip of the iceberg, with most cases never appearing on the radar.
The package envisages eight new child-specific offenses, with the age of consent being standardized at 16. A new crime, punishable with life imprisonment, will involve intentionally causing a child under 16 to engage or take part in a sexual act. If, however, the act does not involve penetration, the offense will be punishable with a maximum of 14 years’ imprisonment.
To combat predators, the sexual grooming of children, whether digitally or by other means, will be criminalized, with offenders facing up to 10 years’ imprisonment. Whereas the sexual grooming of minors was criminalized in Australia in 1995, the UK followed suit in 2003, and it is high time for Hong Kong to do the same. Moreover, a novel offense of sexual penetration of a child under 16 is proposed, the maximum penalty being, in the interests of deterrence, life imprisonment. This offense will replace outdated crimes, including “intercourse with a girl under 13” and “buggery with a girl under 21”.
Two new offenses will cover sexual assault on a child under 16, with or without touching (as where a victim is put in fear of assault), with offenders facing up to 14 years’ imprisonment. To close other loopholes, it is planned to make it a criminal offense, punishable with up to 10 years’ imprisonment (depending on the child’s age), to intentionally cause a minor to witness sexual acts (whether for the offender’s sexual gratification or to humiliate, alarm, or distress the child), to watch sexual imagery (including pornography), or to make them send sexual images or communications. To fortify the reforms, a new offense of arranging or facilitating the commission of a child sexual offense is proposed, with the penalty aligned to the offense in question.
In the area of child protection, some people feared that the law mandating the reporting of child abuse (which took effect on Jan 20) might be a one-off, but it was only the start. The proposed laws involving child protection are commendable, and deserve to be better understood
The package also recognizes that it can be traumatic for victims to testify at court. Existing arrangements already allow vulnerable witnesses (including minors, victims of sexual offenses, and those in fear) to give their evidence through a live television link. It is now envisaged that this mechanism will be extended to victims of specified sexual offenses, including children and people with mental impairment. Anything that can be done to reduce the trauma associated with court proceedings is welcome, and will make it easier to hold offenders to account.
It is, moreover, gratifying that the proposed laws will have an extraterritorial effect. As they will be triable locally, this will help to protect children from local pedophiles who travel abroad to commit sexual offenses against them. Although such cases are never easy to prosecute, offenders will be put on notice that they cannot expect to abuse children in other places with complete impunity.
However, eyebrows have been raised over the omission from the package of an offense of persistent child sexual abuse. This would, for example, address situations in which there are numerous abusive acts over a long period, and a young victim may be unable to recall all the specifics. Australia has been a trailblazer in this area, and its laws (federal and state) provide possible models. Although the Department of Justice raised the possibility of such a law in 2000, it went nowhere. As the current exercise is holistic, it must be hoped the issue can be reconsidered after the consultation process — even if, ultimately, it is rejected.
Taken as a whole, the package is a huge step forward for child protection. It modernizes outdated laws, and aligns the criminal law with international obligations and developments elsewhere. The government clearly means business, and its proposals deserve a fair wind in the LegCo.
The author is a senior counsel, a law professor, an honorary consultant to the Child Protection Institute of Against Child Abuse, and was previously the director of public prosecutions of the Hong Kong Special Administrative Region.
The views do not necessarily reflect those of China Daily.
