Bar Association backs child abuse offence with safeguards
SingTao · 2 SOURCESabout 2 hours ago2 MIN
Summary
The Hong Kong Bar Association said it has filed a written submission to the government after the public consultation on reforming sexual offences law ended on Wednesday, backing in principle a new offence of “continuous sexual abuse of a child” subject to strict safeguards for fairness . It argued the offence should be tightly limited, should require the Secretary for Justice’s consent before prosecution, and must not weaken the presumption of innocence or the right to a fair trial .
Key Points
- The Bar Association reviewed Hong Kong’s past 20 years and developments in Australia, New Zealand, Canada and South Africa before broadly supporting the proposed new child abuse offence .
- It said where evidence supports independent substantive charges, including rape, prosecutors should clearly file those charges instead of using the continuous sexual abuse offence .
- The submission said charge sheets should not include both the new offence and substantive offences for the same conduct when substantive charges are available .
- Prosecutors should not be allowed, after closing their case, to amend charges between substantive offences and the new child abuse offence as alternatives .
- The Bar Association also proposed broader pre-conviction anonymity for complainants and defendants, plus a statutory consent definition with a non-exhaustive list of non-consent situations .
Why It Matters
The submission shows support for stronger child protection measures while warning that poorly drafted reforms could unintentionally erode fair trial rights in highly stigmatized sexual offence cases . Its recommendations also point to likely debate over prosecutorial thresholds, anonymity, and how consent should be codified as the government moves toward legislation .