Bar Association Backs Sex Offence Reform, Supports New Child Abuse Law
SingTao · 1 SOURCESabout 3 hours ago2 MIN
Summary
The Hong Kong Bar Association has voiced its support for the government's proposed sex offence law reforms, including the introduction of a new "persistent sexual abuse of a child" offence, while calling for safeguards to ensure fair trials . Senior counsel Hui Siu-ting, the association's vice chairman, outlined these positions in an interview with Sing Tao Daily following the conclusion of the public consultation period .
Key Points
- The Bar Association has submitted its views to the government, expressing in-principle support for the direction of the sex offence reform consultation document .
- Hui Siu-ting emphasised that the association makes recommendations purely from a legal perspective without favouring any particular party .
- The association generally supports introducing a "persistent sexual abuse of a child" offence, believing it would protect children, with reference to legislative reforms in Australia, the UK, New Zealand, Canada and South Africa .
- The Bar Association recommends that prosecution under this new offence must first obtain consent from the Secretary for Justice, with clear public prosecution guidelines setting strict thresholds .
- If sufficient evidence exists for specific offences such as rape, prosecutors should first use those specific charges rather than the persistent abuse offence, and the two should not be treated as alternative charges .
- The consultation also proposes establishing a statutory definition of "consent," which Hui noted would provide greater legal clarity after decades of reliance on common law interpretations during trials .
Why It Matters
Hong Kong's current sex offence laws date back to the 1970s and are largely based on England's 1956 Sexual Offences Act, making comprehensive reform essential to align with contemporary values and international standards . The proposed changes, particularly the new persistent child abuse offence, would bring Hong Kong in line with other common law jurisdictions that have undertaken significant reforms over recent decades, while the Bar Association's emphasis on procedural safeguards reflects the delicate balance between protecting victims and ensuring defendants receive fair trials .
Hong Kong's current sex offence laws date back to the 1970s and are largely based on England's 1956 Sexual Offences Act, making comprehensive reform essential to align with contemporary values and international standards . The proposed changes, particularly the new persistent child abuse offence, would bring Hong Kong in line with other common law jurisdictions that have undertaken significant reforms over recent decades, while the Bar Association's emphasis on procedural safeguards reflects the delicate balance between protecting victims and ensuring defendants receive fair trials .