Thursday, August 15, 2019

Responding to Consultation: Causing or Allowing The Death or Serious Harm of a Child or Vulnerable Adult

Dear Miss Louisa Ng, The Secretary

Thank you for your invitation dated 31 July 2019 to the captioned consultation. The following are Parents for The Family Association's responses:
1)        We agree that the existing legal provisions are insufficient to address the problems and liabilities of how to regulate and prevent the causing or allowing the death or serious harm of a child/vulnerable person.

2)        Your consultation, unfortunately, is launched at the wrong time when Hong Kong is overwhelmed by the recent political turmoil arising from the so-called anti-extradition movements. Some of our members and friends told us that they were simply NOT in the mood of responding to your consultation when Hong Kong's future is at stake.

3)        There are touchy issues arising from your consultation, e.g.
a.   How would you balance the individual human rights and obligations under the existing laws of Hong Kong?
b.  In terms of “duty of care”, we have queries on whether people like teachers and part-time caretakers will become liable under the proposed amendments. If so, do they have reasonable defences?
c.   Do immediate domestic neighbours have a responsibility to report suspected child abuses?

4)        Having regard to what have been put forward above, we suggest that your commission to postpone the consultation deadline. Even better, another round of consultation should be conducted after Hong Kong has returned to her normal and peaceful situation plus the normal and effective resumption of the Legislative Council of Hong Kong.

5)        No matter what you would decide, we look forward to future opportunities to express and exchange our views with your commission or the relevant authorities on the respective matters and issues covered in the captioned consultation. For instance, we may consider attending public hearing as arranged by the relevant Bills committee of the Legislative Council.

We would like to wish your commission and Hong Kong well.

Howard Lai, President,
Parents for The Family Association