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Mind the Gap: Hong Kong’s Sexual Conviction Record Scheme

Published online by Cambridge University Press:  09 December 2015

Rebecca ONG
Affiliation:
City University of Hong Kong, Hong Konglwong@cityu.edu.hk
Sandy SABAPATHY
Affiliation:
Nottingham University Business School, Ningbo, ChinaSandy.Sabapathy@nottingham.edu.cn
Wing Hong CHUI
Affiliation:
City University of Hong Kong, Hong Kongeric.chui@cityu.edu.hk

Abstract

It is likely that no criminal behaviour breeds as much condemnation and fear as sex offences. Tragic examples of young victims of sex offenders from around the world have raised societal concerns and prompted calls for increased surveillance and control. It is responsible public policy to address these concerns in ways that will increase public protection and allay unnecessary fears. The purpose of this paper is three-fold. First, the paper examines Hong Kong’s recently implemented Sexual Conviction Record Check Scheme against the Territory’s low crime victimization rate. Second, it compares the Scheme with pre-employment screening checks in Australia and the UK. The paper finally concludes with proposals for changes to the Scheme.

Type
Articles
Copyright
© National University of Singapore, 2015 

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Footnotes

*

Associate Professor, School of Law.

**

Assistant Professor, Department of International Business and Management.

***

Professor, Department of Applied Social Sciences.

References

1. THOMAS, Terry, The Registration and Monitoring of Sex Offenders: A Comparative Study (London: Routledge Taylor & Francis Group, 2011)Google Scholar.

2. Ibid. at 1.

3. The United States appears to be alone in its implementation of sex offender residency restrictions. Human Rights Watch, No Easy Answers: Sex Offenders Law in the US (Washington, DC: Human Right Watch, 2007), online: Human Rights Watch <http://www.hrw.org/en/node/10685/section/1> [HRW, No Easy Answers].

4. LEVENSON, Jill S. and D’AMORA, David A., “Social Policies Designed to Prevent Sexual Violence: The Emperors’ New Clothes” (2007) 18(2) Criminal Justice Policy Review 168Google Scholar.

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6. The survey was conducted from January to June 2006 in order to collect information from victims of criminal offences committed in Hong Kong in 2005. The survey’s objective was to provide information, not otherwise available from official records, on the nature and extent of crime and reasons for not reporting, or for not reporting crime to the police. See Hong Kong Census and Statistics Department, Thematic Household Survey Report No. 31: Crime and Its Victims in Hong Kong in 2005 (Hong Kong: Census and Statistics Department, 2007) at 1, para. 1.5, online: Hong Kong Census and Statistics Department <http://www.statistics.gov.hk/pub/B11302312007XXXXB0100.pdf> [CSD, Survey Report 31].

7. Bernard CHAN, Opinion, “Falling Crime Rate a Hong Kong Success to Celebrate” South China Morning Post (22 February 2013), online: South China Morning Post <http://www.scmp.com/comment/insight-opinion/article/1155551/falling-crime-rate-hong-kong-success-celebrate>.

8. For a comparison of crime statistics between 2012 and 2013, see The Hong Kong Police Force, “Crime Statistic Comparison”, online: Hong Kong Police Force <http://www.police.gov.hk/ppp_en/09_statistics/csc.html>.

9. Archbold Hong Kong 2015, widely recognized as the definitive guide to criminal practice and procedure in Hong Kong, identifies “the relationship of the defendant to the victim” as well as “how the defendant had come to embark on this conduct and why he was behaving so” as relevant factors for classifying an assault as “indecent”. Archbold Hong Kong 2015 (Hong Kong: Sweet & Maxwell, 2015).

10. CSD, Survey Report 31, supra note 6 at 34, Table 3.7.

11. Ibid. at 35, Table 3.8 (showing a victimization rate of 5.3 against females aged 20 to 29).

12. The Social Welfare Department, Hong Kong defines child sexual abuse as the involvement of a child in sexual activity (e.g. rape, oral sex) which is unlawful, or to which a child is unable to give informed consent. This includes direct or indirect sexual exploitation and abuse of a child (e.g. production of pornographic material and indecent assault). Hong Kong Social Welfare Department, Procedural Guide for Handling Child Abuse Cases (revised 2007), online: Hong Kong Social Welfare Department <http://www.swd.gov.hk/doc/fcw/proc_guidelines/childabuse/Chapter2.pdf>.

13. For links to statistics on reported child abuse and sexual violence cases for each year surveyed here, see Hong Kong Social Welfare Department, “Statistics on Child Abuse, Spouse/Cohabitant Battering and Sexual Violence Cases”, online: Hong Kong Social Welfare Department <http://www.swd.gov.hk/vs/english/stat.html>.

14. Ibid.

15. Crimes Ordinance (Cap.200), s. 124.

16. Ibid., s. 47.

17. Ibid., s. 118C.

18. LEE, Diana, “Sex Pest Register Sought as Abuse of Children Grows” The Standard (20 November 2009)Google Scholar, online: The Standard <http://www.thestandard.com.hk/archive_news_detail.asp?pp_cat=11&art_id=90860&sid=26158605&con_type=1&archive_d_str=20091120>.

19. CSD, Survey Report 31, supra note 6 at 108, Table 3.68.

20. TANG, Catherine So-kum, “Childhood Experience of Sexual Abuse Among Hong Kong Chinese College Students” (2002) 26 Child Abuse and Neglect 1 at 23Google Scholar.

21. Ibid.

22. GOODWIN, Robin and TANG, Catherine So-Kum. “Chinese Personal Relationship” in Michael Harris BOND, ed., The Handbook on Chinese Psychology (Oxford: Oxford University Press, 1996), 294Google Scholar. See also TANG, Catherine So-kum and LEE, Yvonne Kit-shan, “Knowledge on Sexual Abuse and Self-Protection Skills: A Study on Chinese Female Adolescents with Mild Mental Retardation” (1999) 23 Child Abuse and Neglect 269Google Scholar.

23. Tang, supra note 20.

24. WONG, Cynthia, “Teacher Jailed 6 Years for Having Sex with Pupil” South China Morning Post (13 September 2008)Google Scholar. See also “Woman Teacher Jailed for Molesting Girl Student” The Standard (21 October 2010).

25. As previously stated, the ‘register’ is not a register in the true sense of the word; rather, it is a requirement for people convicted of designated sexual offences to keep in contact with the police or other law enforcement authorities in order to notify them of any changes in their circumstances. See Thomas, supra note 1.

26. HKSAR v. Thomas Lang, DCCC 1051/2006 (unreported).

27. Ibid at 41.

28. HKSAR v. Kam Wing Yin, [2006] HKCA 288.

29. HKSAR v. Ng Wai-sang, DCCC 564/2006 (unreported).

30. HKSAR v. Tam Yiu-shing, HCCC 104/2006 (unreported). The defendant had previous convictions for sexual offences against children. In the present case, the defendant had used toys to lure children before sexually molesting them.

31. HKSAR v. Lam Tung-chun, HCCC262/2007 (unreported).

32. GENTLE, Nick, “Sex Offender Register Review ‘Taking Too Long’” South China Morning Post (11 March 2008)Google Scholar. See also Special Article, “Zai Duo Yi Ge Shou Hai Ren Ye Tai Duo Le (再 多 一 個 受 害 人 也 太 多 了) [One More Victim Is Already too Many]” Apple Daily (11 March 2008).

33. Ibid.

34. US Department of Justice, Center for Sex Offenders Management, “Recidivism of Sex Offenders (May 2001)”, online: Center for Sex Offenders Management <http://www.csom.org/pubs/recidsexof.html>.

35. QUINSEY, Vernon L., “Sexual Aggression: Studies of Offenders Against Women” in David N.WEISSTUB, ed., Law and Mental Health: International Perspectives, vol. 2 (New York: Pergamon, 1986) at 140Google Scholar.

36. Bureau of Justice Statistics, Press Release, “Recidivism of Sex Offenders Released from Prison in 1994” (16 November 2003), online: Bureau of Justice Statistics <http://www.bjs.gov/content/pub/press/rsorp94pr.cfm>.

37. SAMPLE, Lisa L. and BRAY, Timothy M., “Are Sex Offenders Different? An Analysis of Re-Arrest Patterns” (2008) 17 Criminal Justice Policy Review 83Google Scholar.

38. Ibid.

39. SANDLER, Jeffrey C., FREEMAN, Naomi J., and SOCIA, Kelly M., “Does a Watched Pot Boil? A Time-Series Analysis of New York’s State’s Sex Offender Registration and Notification Law” (2008) 14 Psychology, Public Policy and Law 284Google Scholar.

40. HANSON, R. Karl and BUSSIERE, Monique T., “Predicting Relapse: A Meta-Analysis of Sexual Offender Recidivism Studies” (1998) 66(2) Journal of Consulting and Clinical Psychology 348Google Scholar; HANSON, R. Karl and MORTON-BOURGON, Kelly, Predictors of Sexual Recidivism: An Updated Meta-Analysis (Public Safety and Emergency Preparedness Canada, 2004)Google Scholar; HARRIS, Andrew J.R. and HANSON, R. Karl, Sex Offender Recidivism: A Simple Question (Public Safety and Emergency Preparedness Canada, 2004)Google Scholar.

41. SWANSON, Jeffrey W., “Mental Disorder, Substance Abuse, and Community Violence: An Epidemiological Approach” in John MOHANAN and Henry J. STEADMAN, eds., Violence and Mental Disorder: Developments in Risk Assessment (Chicago: University of Chicago Press, 1994), 101Google Scholar.

42. Ibid. See also Hanson and Morton-Bourgon, supra note 40 and SCALORA, Mario J. and GARBIN, Calvin, “A Multivariate Analysis of Sex Offender Recidivism” (2004) 47 International Journal of Offender Therapy and Comparative Criminology 309CrossRefGoogle Scholar.

43. Ibid.

44. The Law Reform Commission of Hong Kong, Report: Sexual Offences Records Checks for Child-Related Offences: Interim Proposals (February 2010) at paras. 1.24-1.25, online: The Law Reform Commission of Hong Kong <http://www.hkreform.gov.hk/en/docs/rsexoff_e.pdf>.

45. CHAN, Annie Hau Nung, “A Culture of Protection: The Establishment of a Sex Offenders’ Register in Hong Kong” (2011) 1 Global Studies of Childhood 1 at 72Google Scholar.

46. The Law Reform Commission of Hong Kong, supra note 44.

47. Mentally incapacitated persons, or MIPs, are defined as a “mentally disordered person or a mentally handicapped person (within the meaning of the Mental Health Ordinance (Cap. 136, Laws of Hong Kong)) whose mental disorder or mental handicap, as the case may be, is of such a nature or degree that the person is incapable of living an independent life or guarding himself against serious exploitation, or will be so incapable when of an age to do so.” See Crimes Ordinance (Cap. 200), s. 117.

48. The UK started registering offenders in 1997 with the passing of the Sex Offenders Act, 1997, which requires offenders who have committed one of the designated sexual offences covered by the Act to notify the police when their personal details change. These requirements are dependent on the severity of the sentence imposed. A sentence of more than 30 months imprisonment would result in an indefinite period of registration. Amendments were made to the Criminal Justice and Court Services Bill, which was going through Parliament then as a result of intense media coverage and public demonstration following the abduction and murder of Sarah Payne in 2000. The Criminal Justice and Court Services Act, 2000 formalized the creation of the Multi-Agency Public Protection Arrangements (MAPPA) and required the relevant responsible authorities such as the police, probation services, social services, health, and local housing authorities to cooperate and share information in order to facilitate the management of sex offenders in the community.

49. Hong Kong Police Force, Security Bureau, Sexual Conviction Record Check Scheme Protocol (April 2015), online: Hong Kong Police Force <http://www.police.gov.hk/info/doc/scrc/SCRC%20Protocol%20%28Eng%29.pdf> [Hong Kong Police Force, Scheme Protocol].

50. Child-related work is defined as work where the usual duties involve, or are likely to involve, frequent or regular contact with children (i.e. persons under 18). See Hong Kong Police Force, “Note to Employers”, online: Hong Kong Police Force <http://www.police.gov.hk/ppp_en/11_useful_info/eta.html>.

51. See supra note 46 for the definition of mentally incapacitated persons (MIPs).

52. Hong Kong Police Force, Scheme Protocol, supra note 49, Appendix 1.

53. Ibid. at 2, para. 1.7.

54. Ibid.

55. The Hong Kong Criminal Records Bureau is responsible for maintaining records of persons convicted of certain offences. Generally, regulatory offences and minor offences like jay walking are not recorded but those involving violence (such as wounding, assault occasioning actual bodily harm) and sexual offences (like rape and indecent assault) will be recorded. See the list of recordable offences in Legislative Council of Hong Kong, “Additional Information on Recordable Offences”, online: Legislative Council <http://www.legco.gov.hk/yr03-04/english/panels/se/papers/se0402cb2-2986-1e.pdf>.

56. Education Ordinance (Cap. 279) ss. 30 and 46; Child Care Services Ordinance (Cap.243), ss. 15A and 15D; Social Workers Registration Ordinance (Cap. 505), s. 17.

57. The Hong Kong Police does issue Certificates of No Conviction. This is a charged service that is used for a person’s application for a visa to visit or reside in another country or for the adoption of children. The Certificate of No Criminal Conviction is issued directly to the relevant Consulate and/or government agencies.

58. Education Ordinance (Cap. 279), ss. 30 and 46.

59. Child Care Services Ordinance (Cap. 243), ss. 15A and 15D.

60. Social Workers Registration Ordinance (Cap. 5050), s. 17.

61. Hong Kong Police Force, Scheme Protocol, supra note 49.

62. Ibid.

63. Ibid.

64. Ibid.

65. JACOBS, James and BLITSA, Dimitra, “US, EU and UK Employment Vetting as Strategy for Preventing Convicted Sex Offenders from Gaining Access to Children” (2012) 20:3European Journal of Crime, Criminal Law and Criminal Justice 231Google Scholar [Jacobs and Blitsa, “Employment Vetting”].

66. JACOBS, James and CREPET, Tamara, “The Expanding Scope, Use, and Availability of Criminal Records” (2008) 11 New York University Journal of Legislation and Public Policy 177Google Scholar.

67. JACOBS, James, “Mass Incarceration and Criminal Records” (2005-6) 3 University of St. Thomas Law Journal 387Google Scholar.

68. The Jacob Wetterling Act was passed after 11-year old Jacob Wetterling was never found after his abduction close to a halfway-house which was used to house sex offenders after their release from prison.

69. Seven year old Megan Kanka was found raped and murdered by a twice-convicted paedophile. Megan’s parents had stated they would not have allowed Megan to go outside their home if they had known that there was a paedophile living across the street. Megan’s parents successfully campaigned for “Megan’s” Law to be passed in New Jersey and served as a basis for a later Federal Law.

70. New Jersey Statutes Annotated, 2C:7-1 through 7-11, commonly known as Megan’s Law, requires law enforcement agencies in all US States to release relevant information to the public for the protection from those who had been registered as sex offenders. Although sex offenders’ information is published on a searchable public website, the types of information to be included and displayed vary between states. See SIMON, Jonathan, “Managing the Monstrous Sex Offenders and the New Penology” (1998) 4 Psychology, Public Policy and Law 452Google Scholar.

71. Adam Walsh Act, Pub. L. No. 109-248, 120 Stat. 587 (2006).

72. Ibid., tit. 1, otherwise known as the Sex Offender Registration and Notification Act [SORNA].

73. Ibid., s. 111 (2).

74. Ibid., s. 111(4).

75. BUNTIN, Stephanie, “The High Price of Misguided Legislation: Nevada’s Need for Practical Sex Offender Laws” (2011) 11 Nevada Law Journal 770Google Scholar.

76. HRW, No Easy Answers, supra note 3.

77. Ibid.

78. Buntin, supra note 75.

79. PRESCOTT, J.J. and ROCKOFF, Jonah E., “Do Sex Offender Registration and Notification Laws Affect Criminal Behaviour?” (2011) 54 Journal of Law and Economics 161Google Scholar. See also VASQUEZ, Bob Edward, MADDAN, Sean, and WALKER., Jeffery T., “The Influence of Sex Offender Registration and Notification Laws in the United States: A Time-Series Analysis” (2008) 54 Crime and Delinquency 175Google Scholar.

80. Sexual Offences Act, 2003, sched. 3, para. 60 [SOA 2003].

81. Ibid. ss. 81-82.

82. Ibid. s. 86, and the Sexual Offences Act 2003 (Travel Notification Requirements) Regulations 2004 SI 1230.

83. SOA 2003, supra note 80, ss. 114-122.

84. Ibid. ss. 97-103.

85. Criminal and Justice Courts Services Act 2000, ss. 67-68, and The National MAPPA Team, MAPPA Guidance 2009: Version 3, online: Plymouth City Council <http://www.plymouth.gov.uk/mappa_guidance_2007.pdf>.

86. For an updated version, see The National MAPPA Team, MAPPA Guidance 2012: Version 4, online: Ministry of Justice <https://www.justice.gov.uk/downloads/offenders/mappa/mappa-guidance-2012-part1.pdf>.

87. Ibid. at 68.

88. Ibid.

89. A child sex offender is anyone committing one of the offences against a child listed under Criminal Justice Act, 2003, sched. 34A.

90. Ibid., ss. 327A(1)-(3).

91. Ibid., s. 327A(9).

92. Ibid., s. 327A(5).

93. THOMAS, Terry, The Registration and Monitoring of Sex Offenders: A Comparative Study (London: Routledge Taylor & Francis Group, 2011) at 125Google Scholar.

94. Ibid. at 126.

95. A history of the UK’s criminal background screening can be seen in Jacobs and Blitsa, “Employment Vetting”, supra note 65.

96. Australian Institute of Family Studies, “Pre-Employment Screening: Working with Children Checks and Police Checks” (June 2012), online: Australia Institute of Family Studies <http://www.aifs.gov.au/cfca/pubs/factsheets/a141887/index.html>.

97. Ibid.

98. See Care and Protection of Children Act 2007 (NT).

99. See Commission for Children and Young People and Child Guardian Act 2000 (Qld).

100. See Working With Children Act 2005 (Vic).

101. See Working with Children (Criminal Record Checking) Act 2004 (WA).

102. It was established under the Protection of Freedoms Act 2012 and carries out the functions previously undertaken by the Criminal Records Bureau (CRB) and Independent Safeguarding Authority (ISA). See gov.uk “Disclosure and Barring Service (DBS) Checks (Previously CRB Checks)”, online: GOV.UK <http://www.gov.uk/crb-criminal-records-bureau-check>.

103. The DBS is a Non-Departmental Public Body (NDPB) sponsored by the Home Office. Among other things, the DBS processes requests for criminal records checks as defined by Part V of the Police Act, 1997 for applications made in England and Wales. The DBS also maintains the DBS children’s barred list and the DBS adults barred list for England, Wales, and Northern Ireland. See gov.uk, “Disclosure and Barring Service”, online: gov.uk <https://www.gov.uk/government/organisations/disclosure-and-barring-service>.

104. gov.uk, “A Guide to Eligibility for DBS Checks”, online: gov.uk <https://www.gov.uk/government/publications/dbs-check-eligible-positions-guidance>.

105. Safeguarding Vulnerable Groups Act 2006, sched. 4, Part 1.

106. Ibid., sched. 4, Part 1, ss. 1(3)(a)-(d).

107. Ibid., sched. 4, Part 1, s. 1(5).

108. Ibid., sched. 4, Part 1, s. 2(2)(a).

109. Ibid., sched. 4, Part 1, s. 2(2)(b).

110. Ibid., sched. 4, Part 1, s. 2(2)(c).

111. Ibid., sched. 4, Part 1, s. 2(2)(d).

112. Gov.uk, “Disclosure and Barring Service (DBS) Checks (Previously CRB Checks)”, online: gov.uk <http://www.gov.uk/crb-criminal-records-bureau-check>.

113. Ibid.

114. VANDERVORT-CLARK, Amy, “Legislating Sex Offender Management: Trends in State Legislation 2007 and 2008” (Presentation to the 28th Annual Research and Treatment Conference of the Association for the Treatment of Sexual Abusers, Dallas, Texas, September/October 2009)Google Scholar (cited in Joan TABACHNICK and Alisa KLEIN, “A Reasoned Approach: Reshaping Sex Offender Policy to Prevent Child Sexual Abuse” (Portland: Association for the Treatment of Sexual Abusers, 2011), online: ATSA <http://www.atsa.com/pdfs/ppReasonedApproach.pdf>).

115. Ibid.

116. See JACOBS, James and BLITSA, Dimitra, “Paedophiles, Employment Disqualification, and European Integration” in Toine SPAPENS, Marc GROENJUIJSEN, and Tijs KOOIJMANS, eds., Universalis: Liber Amicorum Cyrille Fijnaut (Antwerp and Cambridge: Intersentia, 2011), 335Google Scholar.

117. Sex offenders are classified into tiers based exclusively on their conviction (i.e. a conviction-based model). This means, unlike in risk-assessment models, it does not consider the seriousness of the offence, the number of offences the offender committed, or whether the offence was violent in nature

118. Buntin, supra note 75.

119. Supra note 74.

120. FRUMKIN, Jacob, “Perennial Punishment? Why the Sex Offender Registration and Notification Act Needs Reconsideration” (2008) 17 Journal of Law and Policy 313Google Scholar, WRIGHT, Richard G., “Sex Offender Post-Incarceration Sanctions: Are There Any Limits?” (2008) 34 New England Journal of Criminal and Civil Confinement 17 at 30Google Scholar.

121. Buntin, supra note 75 at 8.

122. ZARELLA, John and OPPMANN, Patrick, “Florida Housing Sex Offenders Under Bridge” CNN (6 April 2007)Google Scholar, online: CNN <http://edition.cnn.com/2007/LAW/04/05/bridge.sex.offenders/>.

123. KEMSHALL, Hazel and WOOD, Jason, others, with, Child Sex Offender Review (CSOR) Public Disclosure Pilot: A Process Evaluation, 2nd ed. (London: Home Office, March 2010)Google Scholar, online: gov.uk <https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/214959/horr32c.pdf>.

124. FITCH, Kate, Megan’s Law: Does It Protect Children? A Review of Evidence on the Impact of Community Notification as Legislated for by Megan’s Law in the United States (London: NSPCC, 2006) at 17Google Scholar. See also DUGAN, Meghann J., “Megan’s Law or Sarah’s Law: A Comparative Analysis of Public Notification Statutes in the U.S. and England” (2001) 23 Loyola of Los Angeles International and Comparative Law Review 617Google Scholar.

125. HRW, No Easy Answers, supra note 3 at 48. See also ZEVITZ, Richard G. and FARKAS, Mary Ann, “Sex Offender Community Notification: Assessing the Impact in Wisconsin” in US Department of Justice, National Institute of Justice, “National Institute of Justice Research Brief” (December 2000)Google Scholar, online: University of Hawai’i <http://www.hawaii.edu/hivandaids/Sex_Offender_Comm_Notification_Assessing_the_Impact_in_Wisconsin.pdf>; LEVENSON, Jill S. and COTTER, Leo P., “The Effects of Megan’s Law on Sex Offender Re-Integration” (2005) 21 Journal of Contemporary Criminal Justice 298Google Scholar; TEWKSBURY, Richard, “Collateral Consequences of Sex Offender Registration” (2005) 21 Journal of Contemporary Criminal Justice 1 at 67Google Scholar.

126. Ibid.

127. The Article provides that parties shall undertake to protect children from all sexual abuse and sexual exploitation. The Convention on the Rights of the Child (CRC) was adopted by the United Nations General Assembly on 20 November, 1989. The Convention was extended to Hong Kong on 7 September 1994 by the government of the United Kingdom, the previous sovereign state of Hong Kong. Later, the Convention was re-affirmed by the government of the People's Republic of China on 10 June 1997, and it continues to be effective in the Hong Kong Special Administrative Region. See Children’s Council, “About the CRC”, online: Children’s Council <http://www.childrencouncil.org.hk/pages/about_the_crc>.

128. Hong Kong Police Force, Scheme Protocol, supra note 49, Item 1.5.

129. Ming An Insurance Co (HK) Ltd v. Ritz Carlton Co Ltd, [2002] 3 HKLRD 844, where the CFA followed the decision of the House of Lords in Lister v. Hesley Hall Ltd, [2002] 1 AC 215.

130. Jacobs and Blitsa, supra note 65.

131. TILBURY, Michael, YOUNG, Simon N.M., NG, and Ludwig, Reforming Law Reform: Perspectives from Hong Kong and Beyond (Hong Kong: Hong Kong University Press, 2014)Google Scholar.

132. Ibid.

133. VAGG, Jon, “Delinquency and Shame: Data from Hong Kong” (1998) 38 British Journal of Criminology 247Google Scholar.

134. For more information on the idea of collectivism, see James W. NEULIEP, Intercultural Communication: A Contextual Approach, 6th ed. (Thousand Oaks: Sage Publication, 2015) at c. 2, online: Sage <http://www.sagepub.com/upm-data/42958_2_The_Cultural_Context.pdf>.

135. Ibid.

136. Supra note 73.

137. Hong Kong Police Force, supra note 44, Item 1.2. Section 2 of the Rehabilitation of Offenders Ordinance (Cap. 297) provides for a person who has not previously committed any offence before that person is convicted of an offence and is not sentenced to imprisonment exceeding three months or a fine exceeding HK$10,000, that person’s conviction record will be considered as “spent” if he has not re-offended within a period of three years.

138. See The Law Reform Commission of Hong Kong, supra note 44 at para. 4.85.

139. SNYDER, Howard N., Sexual Assault of Young Children as Reported to Law Enforcement: Victim, Incident and Offender Characteristics: A NIBRS Statistical Report (Washington, DC: US Department of Justice, 2000)Google Scholar, online: Bureau of Justice Statistics <http://www.bjs.gov/content/pub/pdf/saycrle.pdf>.

140. Hong Kong Social Welfare Department “Statistics on Child Abuse, Spouse/Cohabitant Battering and Sexual Violence”, online: Hong Kong Social Welfare Department <http://www.swd.gov.hk/vs/doc/Victim%20support%20website%20(2012)Eng.pdf> (providing an assessment of cases reported between January and December 2012).

141. The survey was conducted by Policy21, an organization that provides research based and data collection services to numerous organizations and universities in Hong Kong. Pursuant to a Strategic Research Grant awarded by City University of Hong Kong, Policy21 was commissioned to conduct a telephone survey of 400 secondary school children on cyber-bullying and mobile bullying. The survey was conducted between late June 2013 and mid-August 2013.

142. GARLAND, David, “The Culture of Control: Crime and Social Order in Contemporary Society” in Terry THOMAS, ed., The Registration and Monitoring of Sex Offenders: A Comparative Study (London: Routledge Taylor & Francis Group, 2011), 125Google Scholar.