[et_pb_section fb_built=”1″ _builder_version=”3.22″][et_pb_row _builder_version=”3.25″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][et_pb_text admin_label=”Violence against children” module_class=”posttitle” _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”]<\/p>\n
[\/et_pb_text][et_pb_text _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ sticky_enabled=”0″]<\/p>\n
Violence against a child is just as much a criminal offence as violence against an adult. The\u00a0Offences Against the Person Ordinance<\/a>\u00a0(\u201cOAPO\u201d),\u00a0Cap. 212<\/a>\u00a0, contains a number of offences relating to the unlawful use of force. These offenses range from common assault to inflicting grievous bodily harm, and to murder. What charge will be brought will depend upon the particular circumstances involved, the amount of force used, and the intent with which the force was used. The\u00a0OAPO<\/a>\u00a0also contains offences specifically relating to children and young persons.<\/p>\n Section 26<\/a>\u00a0of the\u00a0OAPO<\/a>\u00a0makes it an offence to unlawfully abandon or expose any child under the age of two years to any situation whereby the life of the child is endangered or its health is, or is likely to be, permanently injured. The offence is punishable\u00a0on indictment<\/a>\u00a0by ten years imprisonment, and\u00a0upon summary conviction<\/a>\u00a0, by three years imprisonment. The offence may be committed without any direct force being applied to the child.\u00a0 The purpose of this law is to prevent action or inaction which endangers the life or long term health of the child and is apposite to Convention Article 19.<\/p>\n Under\u00a0section 27<\/a>\u00a0of the\u00a0OAPO<\/a>\u00a0it is an offence for a person over the age of 16 years who has the custody, charge or care of any child or young person under that age to wilfully assault, ill-treat, neglect, abandon or expose such child or young person to be assaulted, ill-treated, neglected, abandoned or exposed in a manner likely to cause that child or young person unnecessary suffering or injury to health. The words \u201c\u00a0unnecessary suffering or injury to health\u201d<\/em>\u00a0includes injury to or loss of sight, or hearing or a limb or organ of the body or any mental derangement.<\/p>\n Section 27<\/a>\u00a0covers both positive action and neglect. Neglect includes failing to provide adequate food, clothing or lodging for the child or young person, or knowingly and wilfully failing to take steps to obtain adequate food clothing or lodging for the child from an authority, society or institution which makes such provision for children or young persons in need. There is a positive duty upon persons over 16 years of age to seek help from relevant institutions if they are unable, for whatever reason, to care for a child or young person under 16 years of age in their custody, charge, or care.\u00a0Section 27<\/a>\u00a0offences are punishable on conviction\u00a0on indictment<\/a>\u00a0by imprisonment for 10 years and\u00a0upon summary conviction<\/a>\u00a0by imprisonment for three years. The activities described in\u00a0section 27<\/a>\u00a0of the\u00a0OAPO<\/a>\u00a0are also apposite to the requirements of Convention Article 19.<\/p>\n Under\u00a0section 42<\/a>\u00a0of the\u00a0OAPO<\/a>\u00a0, it is an offence for any person by force or fraud, to take away or detain against his or her will any man or boy, woman, or female child, with intent to sell him or her or to procure a ransom or benefit for his or her liberation.\u00a0Section 42<\/a>\u00a0offences are punishable by life imprisonment.<\/p>\n Under\u00a0section 43<\/a>\u00a0of the\u00a0OAPO<\/a>\u00a0it is an offence to unlawfully, by any means, lead, take away, decoy, entice or detain any child under the age of 14 years with the intention of depriving any parent, guardian, or other person having the lawful care or charge of such child, of the possession of the child. The offence is punishable by seven years imprisonment. Both the adoptive parent(s) of a child under the age of 14 years, and the employer of a child under the age of 14 years, are deemed to have the lawful care or charge of such a child. This does not affect any rights conferred upon the Director of Social Welfare under the\u00a0Protection of Children and Juveniles Ordinance<\/a>\u00a0,\u00a0Cap. 213<\/a>\u00a0.<\/p>\n Sections 42<\/a>\u00a0and\u00a043<\/a>\u00a0of the\u00a0OAPO<\/a>\u00a0may be seen as enforcing the unity of the family. They are directed towards preserving the child\u2019s connection with the family and protecting the child from abuse and exploitation.<\/p>\n<\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":" [et_pb_section fb_built=”1″ _builder_version=”3.22″][et_pb_row _builder_version=”3.25″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][et_pb_text admin_label=”Violence against children” module_class=”posttitle” _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”] II. Violence against children [\/et_pb_text][et_pb_text _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ sticky_enabled=”0″] A. Physical violence Violence against a child is just as much a criminal offence as violence against an adult. The\u00a0Offences Against the Person Ordinance\u00a0(\u201cOAPO\u201d),\u00a0Cap. 212\u00a0, […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":" Adoption is a legal process by which parental rights and responsibilities over a child are transferred from the birth parents to the adoptive parents. An adoption in Hong Kong must be effected in accordance with the Adoption Ordinance , Cap. 290<\/a> , Laws of Hong Kong. The guiding principle in the adoption process is the \u201cbest interests of the child\u201d ( section 8<\/a> of the Adoption Ordinance<\/a> ).<\/p> Local adoption service in Hong Kong is provided by the Adoption Unit of the Social Welfare Department and three non-governmental organizations, as Accredited Bodies:<\/p> The statutory requirements concerning the accreditation system in respect of local adoption in the HKSAR are set out in sections 26<\/a> , 26A<\/a> and 26B<\/a> of the Adoption Ordinance<\/a> .<\/p>","_et_gb_content_width":"","footnotes":""},"categories":[25,31,29],"tags":[],"class_list":["post-442","post","type-post","status-publish","format-standard","hentry","category-child-and-youth-affairs","category-childrens-protection-and-welfare","category-topics"],"yoast_head":"\nB. Exposing a child to a situation whereby the Child\u2019s life is endangered<\/h2>\n
C. Ill-treatment or neglect by those in charge of a child or young person<\/h2>\n
D. Forcible taking or detention of a person with intent to sell that person<\/h2>\n
E. Stealing a child under 14 years old<\/h2>\n