Recent Concerns:
5. Prevention of Child Pornography
The Security Bureau issued a consultation paper
on the Proposed Legislation for the Prevention of Child Pornography in November
2001. Below is our response to the consultation paper:
The Hong Kong Committee on Children's Rights supports the spirit behind the proposed legislation and we think that the enactment will comply with the United Nations Convention on the Rights of the Child (UNCRC) and the International Labor Convention No. 182 (ILC 182). However, the consultation paper has some ambiguous areas obviously need further clarification. Below are some of the points we wish to have your attention:
Two-tier definition for pornographic depiction
Under the UNCRC, a child means those aged under 18. We have strong reservation
on the two-tier definition for pornographic depiction in paragraphs 16-19.
We propose that those aged between 16 and 18 need equal protection to those
aged under 16. They are equally vulnerable and the safety net shall also
extend to them. The two-tier definition also complicates the investigation
and prosecution procedures.
Definition of pornographic depiction
We are disappointed to learn that "pornographic depiction" is
only proposed to mean a visual depiction in paragraph 11. Stories and sound
describing sexual practices involving children are equally harmful. It provides
loopholes for unscrupulous people in the pornographic trade.
Definition of children
We are puzzled by the definition of child pornography in paragraph 9, in
which it meant any visual images depicting a person who is, or looks like,
a person under the age of 16¡KThe ambiguous wordings are set to cause
arguments in the process of prosecution. Taking into consideration of the
physical development of children, normally it has a big difference between
Chinese and westerners even though the children are at the same age.
Balance of human rights concerns
We fully support that "mere possession" of child pornography is
proposed to be made an offence provided that "there shall be a defense
for the accused if it is established by evidence that he had a legitimate
cause for doing the act" in paragraphs 13-15. Unlike adult pornography,
children are lured and procured to involve passively in these illicit trade
and activities in their immature age. It can cause irreparable harm to their
future life, marriage and trust in people when they grow up. It can not
be mingled with the human right issues. For the best interests of our children,
we support the proposal.
Effective report system
Crime on the net has become a hard task for the law enforcers around the
world. To keep in line with the proposed legislation, the Government shall
think of ways to set up an effective report system to seek public's cooperation.
Further actions
If the proposed legislation genuinely aimed at protecting children from
all forms of sexual exploitation and sexual abuse, we urge the Government
not just focus its resources on investigation and prosecution. We want to
emphasize that "penalty" is not the only solution to protect our
children. The safety net lies on prevention and public education. This relies
heavily on the support and co-operation from various departments as well
as the third sector (NGOs). Therapeutic services shall be strengthened for
the sexually exploited children. Resources must be allocated to make the
above mentioned strategies possible.
Hong Kong Committee on Children's Rights
May 2002
Children's Charter in Hospital