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Hong Kong government weighs 'failure to protect' law amid rising child abuse cases

Hong Kong's government says it will first fully implement the mandatory child abuse reporting law before considering a 'failure to protect' offence. It plans to trial a social welfare data-sharing platform using AI to identify high-risk families in early 2027. The government also defends its approac

Hong Kong government weighs 'failure to protect' law amid rising child abuse cases

The Hong Kong government has said it will first fully implement the mandatory reporting regime for child abuse before deciding whether to introduce a 'failure to protect' offence, in response to a legislative question on 28 October.

Lawmaker Lou Ka-keung asked whether the government would study creating a 'failure to protect' offence while reviewing the Mandatory Reporting of Child Abuse Ordinance, which took effect on 20 January 2026. The ordinance requires designated professionals to report reasonable suspicions of serious harm or risk of serious harm to a child as soon as practicable.

The government replied that the ordinance has been implemented smoothly and has strengthened public attention on child protection. It noted that the Law Reform Commission recommended a 'failure to protect' offence in September 2021, which aligns with the ordinance's policy goal of compelling certain persons to take reasonable steps to protect children from serious harm. However, the government said it will first focus on monitoring the mandatory reporting mechanism, ensuring adequate emergency placement and professional support, and providing training for designated professionals before considering further measures.

On identifying high-risk families, the government outlined existing mechanisms including the Comprehensive Child Development Service launched in 2005, which involves the Social Welfare Department, Department of Health, Hospital Authority and Education Bureau to identify at-risk families with children aged up to five. Four community parent-child centres were established this year to promote positive parenting. There are currently 65 Integrated Family Services Centres and two Integrated Services Centres across Hong Kong.

The 2026 Policy Address announced a phased establishment of a 'Social Welfare Data Sharing Platform' that will integrate data from government departments and NGOs. The platform will use artificial intelligence to identify high-risk individuals or families early for targeted intervention. The government said it aims to trial data integration and analysis with selected departments and NGOs in the first half of 2027, then gradually expand the platform's application, with child protection as a key priority.

Regarding welfare abuse prevention, the government said the Comprehensive Social Security Assistance (CSSA) scheme maintains strict means testing. While it cannot impose uniform spending restrictions on recipients due to differing circumstances, it takes a zero-tolerance approach to abuse. The Social Welfare Department actively investigates reports of abuse, conducts regular data cross-checks with other agencies, and pursues criminal prosecution in serious cases. If CSSA payments are stopped, the department will refer affected individuals, including children, to appropriate services for follow-up assistance.

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