Law Society Questions Child Written Statements in Sex Reform
SingTao · 1 SOURCESabout 15 hours ago2 MIN
Summary
Hong Kong’s consultation on the proposed overhaul of sexual offences law has closed, and the Law Society has submitted views that support reform in principle while questioning one of the more sensitive evidential changes . Its main concern is a proposal that would allow child victims in voyeurism-related offences to testify through written statements, which it says may be difficult for young children to produce without adult involvement . The society warned that such assistance could unintentionally alter wording or add detail, undermining reliability and creating risks of coaching, especially in family dispute cases . It also urged the government to consider making the Sexual Conviction Record Check Scheme statutory in the long run, while preserving privacy and the presumption of innocence for defendants .
Key Points
- The Law Society welcomed the government’s broader sexual offences reform proposals, but said the child written-statement plan raises reliability and fairness concerns requiring careful safeguards .
- It argued young children rarely complete written testimony alone, so parents, social workers or police may shape drafting and weaken spontaneity and authenticity .
- In family conflict cases, the society warned child witnesses could be guided during statement preparation, increasing risks that evidence becomes influenced or unintentionally embellished .
- The society said current video-recorded interviews already capture children’s actual wording, expressions and demeanour, so courts should be extremely cautious before admitting written statements .
- Citing 2025 figures, it noted conviction rates were about 37% for rape and 65% for indecent assault, underscoring acquitted defendants’ reputational risks .
Why It Matters
The debate highlights a core tension in sexual offences reform: improving protection for child victims while maintaining evidential integrity and procedural fairness in criminal trials . The Law Society’s submission also broadens the discussion beyond testimony rules to employment screening, privacy safeguards and the treatment of spent convictions, all of which could shape future legislation in Hong Kong .