Bar Association broadly backs new offence for persistent child sexual abuse

The Hong Kong Bar Association has broadly supported the introduction of a dedicated offence for persistent child sexual abuse, after 20 years of experience in other jurisdictions addressed evidential concerns. Vice-chairman Martin Hui Siu-ting stated that while the association reversed its previous reservations from 2001, safeguards were necessary to ensure fair trials for both defendants and victims.

The government's proposal to overhaul outdated sexual offence laws does not include provisions for the dedicated offence, but the Secretary for Security has stated that his bureau will actively consider the calls to introduce the separate offence. The proposal stems from a 1999 ruling that quashed convictions for repetitive sexual abuse when a child could not accurately recall the incidents.

The association and Hong Kong Law Society had previously opposed the proposal due to difficulties in raising evidence and defendants' unclear understanding of allegations. Hui suggested four safeguards, including considering individual substantive charges first, not charging defendants with both persistent child sexual abuse and other sexual offences simultaneously, and requiring the secretary for justice's consent before launching prosecutions.

The safeguards aim to maintain procedural and legal integrity while protecting the rights of both complainants and defendants.