Replies to LegCo questions
LCQ11: Handling suspected sexual abuse cases of mentally-handicapped children
Following is a question by the Dr Hon Kwok Ka-ki and a written reply by the
Secretary for Health, Welfare and Food, Dr York Chow, in the Legislative Council
today (February 23):
Question:
I have learnt that when dealing with cases of suspected sexual abuse of
mentally-handicapped children, the Police must obtain written consent from the
victims' parents before they can arrange for physical examination of the
victims. In this connection, will the Government inform this Council:
(a) how the authorities handle cases in which the suspects are the parents of
the victims and who do not agree to allow the victims to receive physical
examination;
(b) whether the authorities will consider authorising certain social welfare
agencies or the Guardianship Board to give written consent to physical
examination in respect of the cases in which the suspects are parents of the
victims; if not, of the reasons for that and other solutions; and
(c) whether frontline health care staff have been provided with specific
guidelines on handling the above-mentioned cases?
Reply:
Madam President,
For (a) and (b), I will give a consolidated reply to both parts of the question
as they are inter-related.
2. In handling child abuse (including sexual abuse) cases, the principle of the
Administration is to serve the best interests of the child. Under this
principle, although the views of the parents will be respected and considered,
their right to give consent to medical treatment for their child is not
absolute, but subject to the best interests of the child.
3. Generally speaking, in the case where an abused child (irrespective of
whether the child is mentally-handicapped or has been sexually abused) is in
need of urgent treatment but his/her parents/guardians do not consent to his/her
admission to hospital for examination, police officers in the rank of Station
Sergeant or above, or any other person authorised in writing by the Director of
Social Welfare, may take the child to a hospital pursuant to Section 34F of the
Protection of Children and Juveniles Ordinance (Cap 213). The child may be kept
by the Director of Social Welfare in that hospital for so long as the attendance
of the child at that hospital is necessary for the purpose of medical attention
or treatment.
4. If the abused child is in life-threatening situation or in critical condition
and must receive immediate medical examination or treatment, the attending
doctor can exercise discretion in such a life or death situation without first
obtaining consent from the parties concerned.
5. If the suspect is the father/mother/guardian of the victim and he/she insists
on not allowing the forensic pathologist to examine the victim, and in cases
that the victim is not capable of giving his/her consent, then the concerned
staff (such as a social worker of the Social Welfare Department) will continue
to explain the importance of arranging the victim to receive physical
examination to the other side not suspected to be involved in the sexual abuse,
so as to obtain his/her consent for the child's examination.
6. Under exceptional circumstances where in the end the parents/guardians still
refuse to allow the child to undergo medical examination, the social worker of
the Social Welfare Department may, in accordance with the powers conferred by
Section 34(1) of the Protection of Children and Juveniles Ordinance (Cap 213),
apply to the court for assumption of legal guardianship of the child by the
Director of Social Welfare, having regard to the thorough considerations given
to the needs of the case by the relevant medical practitioner (including the
forensic pathologist), the social worker of the Social Welfare Department and
the Police. Upon approval of the application, the Director of Social Welfare may
authorise arrangement for a forensic pathologist to perform the necessary
examination of the child. Alternatively, the Director of Social Welfare may
cause a notice to be served on the person having custody or control of the child
requiring that person to produce the child for an assessment by a medical
practitioner of the way in which he/she has been treated under section 45A (1)
of the Protection of Children and Juveniles Ordinance (Cap 213).
(c) "The Procedures for Handling Child Abuse Cases" provides frontline staff
(including medical personnel) with specific guidelines on handling cases
involving child abuse (including sexual abuse).
Ends/Wednesday, February 23, 2005
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