TALK Hong Kong, in collaboration with the Law and Social Justice Clinic (LSJ Clinic) at the Faculty of Law, The University of Hong Kong, is proud to release our landmark research study: Sentencing for Sexual Offences Involving Children in Hong Kong 1990–2025: An Empirical Analysis of Judicial Reasoning and the Case for Strengthening Child Protection in Hong Kong.
Co-authored by Professor Puja Kapai and Charlotte Cheung Choi Nam, this study provides a longitudinal empirical analysis of 401 reported court judgments across five decades to examine whether sentencing practices fulfill the core tenets of criminal justice—deterrence, denunciation, and safeguarding.
Key Findings
- Persistent Leniency: Despite carrying statutory maximum penalties of life imprisonment, average custodial sentences across penetrative offences cluster between just 4.61 and 9.82 years.
- Underutilised Maximum Penalties: Life sentences for child sexual abuse offences have only been handed down twice in the past 60 years.
- Absence of Binding Guidelines: Courts rely heavily on unofficial textbook commentary, leaving significant gaps in consistent sentencing benchmarks.
- Crucial Reform Agenda: The study presents clear evidence supporting the establishment of an independent Sentencing Council, comprehensive updates to the Crimes Ordinance (Cap. 200), and stronger statutory protections against the abuse of positions of trust.
Protecting children requires a modern, harm-based legal framework that reflects the severity of sexual abuse and maintains public confidence in justice.