Lawmakers Urge Introduction of "Failure to Protect" Offence; Sun Yuk-han: First Accumulate Experience in Mandatory Reporting, No Timetable for Legislation

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The Mandatory Reporting of Child Abuse Ordinance has been in full effect since the beginning of the year. Designated professionals such as teachers must make mandatory reports if they suspect a child is suffering serious harm or faces a real risk of serious harm. Multiple lawmakers have expressed concern about whether a "failure to protect" offence will be further introduced. Secretary for Labour and Welfare Sun Yuk-han said that at this stage the authorities will first accumulate experience with mandatory reporting, and there is currently no timetable for related legislation. Some lawmakers urged the authorities to extend mandatory reporting to "everyone's responsibility," but Sun Yuk-han said regulating professionals is more appropriate.

📋 Ordinance Implemented Smoothly with Positive Response
In reply to a lawmaker's oral question, Sun Yuk-han said the Mandatory Reporting of Child Abuse Ordinance has been implemented smoothly with a positive response, successfully raising society's attention to child protection. At this stage, the government will first earnestly carry out work related to the mandatory reporting mechanism, monitor its operation, ensure supporting measures such as emergency placement and professional support, and accumulate experience to study further strengthening measures. "The ordinance has been in effect for less than a year, so at least some time is needed to accumulate experience. At this moment we see it as stable, but the process may change. After we do this work well and lay a solid foundation, we will have a sufficient basis to decide how to proceed." He noted that the Law Reform Commission proposed legislative recommendations for a "failure to protect" offence in 2021, which align with the policy objective of mandatory reporting, but the authorities currently have no timetable.

🗣️ Lawmakers Propose "Everyone's Responsibility"; Sun Yuk-han: Regulating Professionals More Appropriate
Kowloon East lawmaker Tang Ka-piu suggested that mandatory reporting should not be limited to 25 categories of professionals, but should include cohabiting family members or even the whole public: "Will there come a day when everyone is required to report? Just as with drug trafficking or national security-related matters, everyone has a responsibility to report?" Sun Yuk-han said the government may include more designated professionals through amendments to the schedule, but stressed that professionals receive training and have greater knowledge, and there is no intention to extend mandatory reporting to the whole public. He also mentioned that the authorities have provided practical guidelines and an electronic decision flowchart to help teachers and other professionals determine whether a situation constitutes a mandatory reporting case, and that experts and scholars continuously update the relevant content. "The principle is clear; situations can be adjusted gradually as society changes."

💬 Society Concerned About Child Abuse; Authorities to Continue Optimising Support
Sun Yuk-han also said society generally cares about and values child abuse cases, "if there is child abuse, many people are willing to come forward and report." He reiterated that the authorities have increased resources and will continue to optimise supporting measures such as home visits and support.