Mandatory Reporting of Child Abuse Ordinance (Ord. No. 23 of 2024) – Key Vocabulary

30 vocabulary flashcards summarising key statutory terms, duties, offences, defences, and schedules in the Mandatory Reporting of Child Abuse Ordinance (Ord. No. 23 of 2024).

Mandatory Reporting of Child Abuse Ordinance

Hong Kong law requiring specified professionals to report suspected serious child abuse and granting them legal protections.

Specified Professional

Any person listed in Part 1 of Schedule 1 (e.g., doctors, nurses, teachers, social workers) who is legally obliged to report suspected serious harm to a child.

Authority

Either the Director of Social Welfare or the Commissioner of Police, to whom mandatory reports must be made.

Child

A person below 18 years of age.

Report (under s.4(1))

A formal notification made by a specified professional to an Authority about suspected serious harm or risk of serious harm to a child.

Material Time

The moment a reasonable ground for suspicion comes to the specified professional’s notice.

Serious Harm

Any harm listed in Schedule 2, including life-endangering injuries, severe psychological trauma, certain sexual offences, or neglect endangering life or health.

Real Risk of Serious Harm

A situation where a child is not yet harmed but faces an imminent danger of suffering any category of serious harm described in Schedule 2.

Reasonable Ground to Suspect

Objective basis, arising in the course of professional work, for believing a child is suffering or at risk of serious harm.

Level 5 Fine

The monetary penalty level (currently HK$50,000) applicable to offences such as failing to report or obstructing a report.

Duty to Report (s.4(1))

Legal requirement that a specified professional must, as soon as practicable, report suspected serious harm or risk thereof.

Defences (s.5)

Legal excuses for failing to report, including reasonable belief harm was accidental, self-inflicted, previously reported, or already known to Authorities.

Delay Defence

A defence where delayed reporting is justified if the professional honestly believed it served the child’s best interests and took protective actions meanwhile.

Guidelines (s.7)

Non-binding practical guidance issued by the Director; contravention alone does not create liability but may be evidentially relevant.

Pre-reporting Protection (s.9)

Provision making it an offence to wilfully inhibit or obstruct a specified professional from making a report.

Post-reporting Protection (s.10-12)

Legal shield preventing identity disclosure, civil/criminal liability, or professional misconduct findings against a reporting professional acting in good faith.

Identity Disclosure Offence (s.11)

Crime of revealing a reporting professional’s identity without a permitted defence, punishable by level 5 fine and up to 3 months’ imprisonment.

Permitted Disclosures

Situations where identity may be revealed: statutory duty, criminal proceedings, professional’s consent, court order, legal advice, prior public disclosure, or preventing injury.

No Civil or Criminal Liability (s.12)

Guarantee that merely making a report cannot attract lawsuits, prosecution, or disciplinary action.

Prosecution Deadline (s.13)

Indictable offences tried summarily must be charged within 12 months of discovery by the first Authority.

Schedule 1

List of all specified professionals obligated to report, including pharmacists, teachers, social workers, allied health practitioners, etc.

Schedule 2

Catalogue of conditions constituting serious harm (life-threatening injuries, major fractures, sexual offences, severe neglect, psychological harm).

Schedule 3

Amendments to the Criminal Procedure Ordinance allowing video-link and recorded evidence for offences under this Ordinance.

Director of Social Welfare

Designated Authority empowered to receive reports and issue guidelines under the Ordinance.

Commissioner of Police

Alternative Authority to whom mandatory reports may be submitted.

Honest and Reasonable Belief

Subjective belief held on reasonable grounds; central to many defences and protections in the Ordinance.

Government School

School wholly maintained and controlled by the Government; teachers therein are specified professionals.

Specified School

School under the Education Ordinance excluding Government, post-secondary-only, and certain exempted private schools.

Accredited Register (Healthcare)

Register under the Government’s Accredited Registers Scheme; practitioners listed (e.g., speech therapists) are specified professionals.

Related Amendments (s.15)

Changes to Cap. 221 enabling special evidentiary measures (live link, video record, depositions) for offences under this Ordinance.