Preface
We commissioned this research bundle to examine the civil, criminal, anti-discrimination avenues available to adults in Hong Kong who survived child sexual abuse. After many years of working with CSA survivors, we find that the rate of reporting and/or pursuing any form of justice is extremely rare. Reasons for this may be that currently the justice system is hard to navigate, it often requires years and is likely to cause secondary trauma for survivors. Another reason may be that many survivors are not aware of the options at their disposal. Indeed, we hope all professionals working with child sexual abuse cases could benefit from a trauma informed and resource rich document like this!
It is tailored for survivors, frontline workers, legal practitioners, and policymakers, presenting a formal yet accessible overview.
Topics include time limitations, procedural steps, available remedies, and special protections.
Taura Edgar
Founder + Chair of TALK Hong Kong
This document will grow and change along with use and changes to Hong Kong’s legislation. If you have expertise to offer and content / corrections to share, please do get in touch at info@talkhongkong.org
Author: Stephanie Hader, Legal Professional
Reviewers included solicitors, barristers and law professors.
Tailored for survivors, frontline workers, legal practitioners, and policymakers, presenting a formal yet accessible overview.
Table of Contents
- Civil Recourse Options 3
- Limitation Periods and Exceptions 3
- Types of Civil Claims and Remedies 4
- Vicarious Liability and Institutional Defendants 6
- Damages and Remedies 7
- Civil Litigation Process in Plain Language 7
- Anonymity and Privacy in Civil Proceedings 10
- Criminal Recourse Options 11
- Reporting to Police and Investigation 11
- Private Prosecutions 12
- If the Abuser is Overseas or Deceased 12
- Criminal Court Process and Victim’s Role 12
- Protections and Support for Victims in the Criminal Process 15
- No Limitation Period for Criminal Prosecution 16
- Criminal Injuries Compensation and Other Remedies 16
- Precedent and Notable Cases 18
- Anti-Discrimination and Employment Rights 19
- Overview of Disability Discrimination Ordinance (Cap. 487) 19
- Employment Protections for Survivors with Disabilities 20
- Reasonable Accommodations in the Workplace 21
- Undue Hardship and Inherent Requirements: The Limits of Accommodation 22
- Harassment and Victimisation in Employment 23
- Other Employment Protections: Sick Leave and Unfair Dismissal 24
- Education Protections for Students with Trauma-Related Disabilities 24
- Access to Goods, Services, and Facilities 26
- Requesting Accommodations and Documenting Your Needs 27
- Filing a Complaint with the Equal Opportunities Commission (EOC) 28
- Appendix 31
- Common types of sexual offences under the Crimes Ordinance (Cap. 200) 31
License: This content is licensed under the Creative Commons BY-NC 4.0 license which allows non-commercial use with attribution, available at https://creativecommons.org/licenses/by-nc/4.0/
Disclaimer: The content of this paper is intended as educational only. It does not, and is not intended to, constitute legal advice, and should not be relied upon as such. Cases are individual and complex so you should always seek counsel about your specific situation.