Introduction
Save the Children Hong Kong believes that the responsibility to protect children must be rooted in society as a whole. A four-pronged strategy across families, schools, online platforms, and government policies is critical. We welcome the Security Bureau’s public consultation on improving the laws on sexual offences in Hong Kong. Proactive law reform is an important step in strengthening local child protection. We support the proposed provisions to offer a statutory definition for “consent”, implement gender neutrality, and create inchoate sexual offences such as “sexual grooming of a child”.
However, legislative reform is only the first step; supporting measures must keep pace. The primary goal of legislation is to build a stronger safety net for every child. The consultation paper leaves gaps in protecting children from persistent sexual abuse, abuse of positions of trust, and secondary victimisation during judicial proceedings. Adhering to the principle of “the best interests of the child as the primary consideration,” we submit the following legislative recommendations and policy requests.
Our Advocacy and Specific Response
1. Creating a New Offence of “Persistent Child Sexual Abuse” (PCSA)
● This is the most significant loophole in the proposed reforms. Under the existing framework and Indictment Rules, the Department of Justice must initiate an independent prosecution for each instance of alleged misconduct, and each separate offence can only correspond to one distinct charge. However, sexual abuse in households or institutions is often repeated over time. It is unrealistic to require a child victim of ongoing sexual abuse to recall exact dates, times, and details for every incident.
● Under existing evidential rules, many child victims cannot provide specific details for each repeated assault. As a result, prosecutions fail, and perpetrators evade justice. Furthermore, relentless cross-examination in court inflicts secondary victimisation on child victims.
● We recommend that the Government follow practices in overseas jurisdictions, such as several Australian states. Under a dedicated offence of Persistent Child Sexual Abuse, the prosecution need only prove a continuous pattern and relationship of sexual abuse between the defendant and the child over a defined period (for example, by proving at least two unlawful sexual acts took place during that timeframe). Sentencing upon conviction would be based on the entire duration of the abusive relationship. This approach can reflect the nature of persistent sexual abuse while offering practical legal protection to children.
2. Implementing Statutory Definition of “Consent” and Creating a New Offence of “Abuse of Position of Trust”
● Although the proposed provisions introduce a statutory definition of “consent”—emphasising that consent must be given freely and voluntarily, specifying circumstances where consent is absent, and permitting the withdrawal of consent at any time—we must address cases where offenders abuse positions of trust to manipulate and groom children. We urge the Government to address “submission” under power imbalances and establish a specific offence of “Abuse of Position of Trust.”
● “Abuse of position of trust” refers to individuals such as teachers, coaches, social workers, religious leaders, and carers who leverage their status or role to exploit the trust and dependency of children, establishing sexual relationships or committing sexual exploitation. We propose that any “consent” obtained through the abuse of a position of trust should not be regarded as “valid consent.”
● Multiple common law jurisdictions—including England and Wales, Scotland, Canada, and Australia—have created offences addressing the abuse of positions of trust. These frameworks recognise that even if a youth has reached the age of consent, consent given under power imbalances and dependency is not free and voluntary. Hong Kong should align with international practices to establish clear legal protection for youth aged 16 to 17.
● Under Article 1 of the “United Nations Convention on the Rights of the Child” (UNCRC), every human being below the age of 18 is defined as a child. While Hong Kong proposes a uniform age of consent of 16, youth aged 16 and 17 remain dependent, leaving them vulnerable to exploitation within power-imbalanced relationships. Creating an offence of Abuse of Position of Trust provides a necessary safeguard for youth aged 16 to 17.
3. Promoting Child-Friendly and Trauma-Informed Judicial Procedures
● Enacting statutory provisions is merely the “starting point” for child protection, as victims in many child sexual abuse cases often suffer from secondary victimisation due to non-child-friendly judicial procedures. We support the current amendments to the Criminal Procedure Ordinance (Cap. 221) to enhance protections for child witnesses, including measures such as live television links and video-recorded evidence.
● We hope that the Judiciary will also draw on overseas experience (such as the Ground Rules Hearings and relevant child witness cross-examination codes in England and Wales) to implement trauma-informed principles for child sexual abuse cases and formulate dedicated Practice Directions, covering: limiting cross-examination time, scheduling adjournments when children are fatigued, pre-screening questions directed at child witnesses, and regulating the phrasing used in court, for example: when the defense questions or challenges a child’s evidence, it must be done in an age-appropriate, non-intimidating manner, avoiding unnecessary harm to the child through repetitive or accusatory cross-examination techniques (such as frequently challenging the truthfulness of the child’s statements).
Conclusion
This legislative reform is an important step toward child safeguarding in Hong Kong. However, for these legislative improvements to be effective, funding and resources must be allocated alongside legal reforms. We hope the Government will adopt the recommendations from civil society and this submission to formulate a legislative draft that reflects the spirit of the UNCRC and prioritises the best interests of children. We welcome further opportunities to collaborate with the Security Bureau and relevant government departments by sharing international practices and local expertise throughout the legislative process.
Submitted by: Save the Children Hong Kong (香港救助兒童會)