The Zubin Foundation's Recommendation on Laws on Sexual Offences in Hong Kong
The Zubin Foundation
Improving the lives of Hong Kong’s ethnically diverse individuals by reducing suffering and providing opportunities
Submission on the Public Consultation on Improving the Laws on Sexual Offences in Hong Kong 5 August 2026
Email: sexualoffences@sb.gov.hk
Preamble
The Zubin Foundation welcomes the Government's efforts to modernise Hong Kong's sexual offences legislation. We support the overall direction of reform, particularly the introduction of a statutory definition of consent, greater gender neutrality, stronger protections for children, the criminalisation of grooming behaviour, and measures aimed at improving protection for victims of sexual offences. These reforms are broadly consistent with recommendations previously supported by The Zubin Foundation through the Joint Position Paper on Child Sexual Offence Laws.
As an non -profit organisation working to improve lives of Hong Kong’s marginalised ethnically diverse communities we work with ethnically diverse families, including women, men, children and youth and elderly, including survivors of abuse and violence, we believe these reforms present an important opportunity to strengthen child protection, improve access to justice and ensure that vulnerable individuals receive appropriate support throughout the investigative and judicial process.
Question 1: Definition of Consent
I. The Zubin Foundation supports the introduction of a statutory definition of consent. Clear legal definitions help improve public understanding, support prevention efforts and provide greater certainty for victims, investigators and courts.
II. We also encourage public education initiatives on consent, particularly for young people, parents and ethnically diverse communities where understanding of Hong Kong's legal framework may vary.
Question 2: Circumstances Where a Victim Does Not Consent
The Zubin Foundation supports the Government's proposal to specify circumstances where consent is absent. Greater clarity will improve understanding of consent, strengthen victim protection and assist courts in applying the law consistently.
A. Abuse of Trust, Authority and Dependency
I. Child sexual abuse and grooming frequently occur without physical violence, threats or overt coercion. Children and young people may appear compliant despite significant manipulation, emotional dependency, power imbalance or grooming. In these circumstances, an apparent willingness to participate should not automatically be interpreted as genuine consent.We, therefore, recommend:
a. Clearer statutory definition of "submission" in abuse-of-trust situations.
b. Consideration of statutory presumptions or specific offences relating to abuse of trust.
c. Additional safeguards for minors who remain vulnerable to exploitation by adults in positions of authority.
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B. Coercion Beyond Physical Force
I. Our frontline experience suggests that some young people may experience significant familial, cultural, religious, social or immigration-related pressures that affect their ability to freely consent. While these circumstances do not automatically invalidate consent, investigators, prosecutors and courts should be equipped to recognise various forms of coercion and exploitation that arise. This is particularly relevant in cases involving vulnerable young people and abuse of power relationships.
Question 3: Reasonable Belief in Consent
I. Any assessment of reasonable belief in consent should take into account power imbalances, grooming behaviour, abuse of trust and the particular vulnerabilities of children and young people.
Question 4: Sexual Offences Involving Children
The Zubin Foundation strongly supports strengthening legal protections for children under 16.
C. Close-in-Age Defence
I. We note concerns raised by child protection organisations regarding the unintended consequences of criminalising mutually accepted peer sexual activity between young people. Fear of criminal prosecution may discourage young people from seeking help when facing sexual health concerns, exploitation, abuse or relationship difficulties.
II. We, therefore, support consideration of a carefully drafted close-in-age defence for mutually accepted peer sexual interactions involving young persons, subject to appropriate safeguards.
III. However, such a defence should not apply where there is evidence of:
a. Grooming;
b. Exploitation;
c. Abuse of trust or authority;
d. Coercion;
e. Significant power imbalance; or
f. Vulnerability arising from age, disability or dependency.
IV. This would maintain protection against abuse while ensuring a proportionate response to genuinely peer-based relationships.
Question 5: Grooming Offences
I. The Zubin Foundation supports the introduction of grooming offences. Grooming frequently occurs before physical sexual abuse and often involves emotional manipulation, trust-building and gradual isolation of a child. Effective grooming laws are, therefore, an important preventative child protection measure.
Improving the lives of Hong Kong’s ethnically diverse individuals by reducing suffering and providing opportunities
Question 6: Additional Child Sexual Offences
The Zubin Foundation strongly supports the creation of new child sexual offences and welcomes efforts to strengthen protection for children.
D. Penalties Based on Age
I. We note that the proposed framework prescribes different maximum penalties for certain offences depending on whether the victim is under 13 or aged between 13 and 16.
II. While we understand the Government's intention to reflect differing levels of vulnerability among children of different ages, from a child protection perspective all persons under the age of 16 are legally incapable of consenting to sexual activity
III. We recommend a unified sentencing approach for offences involving victims under 16, subject to any close-in-age provisions
E. Review of Extended Family Relationships
I. The Zubin Foundation notes the proposal to expand incest offences to include a wider range of fullblood and half-blood relatives.
II. We recommend that the Government further review whether the proposed definition adequately addresses abuse occurring within extended family relationships, including relationships between cousins where significant age differences, caregiving responsibilities, dependency relationships, or abuses of trust may exist.
III. From a child protection perspective, the key concern is not solely biological proximity but also the presence of trust, authority, access and vulnerability within family relationships. The Government should consider whether additional safeguards are required to address abuse within extended family settings.
F. Persistent Child Sexual Abuse
I. We strongly support the creation of a specific offence of Persistent Child Sexual Abuse.
II. Many survivors are unable to recall precise dates, frequencies or distinguishing features of repeated abuse that occurred over long periods of time. Requiring such precision often undermines prosecution of genuine abuse. A persistent abuse offence allows the court to focus on establishing a continuing pattern of abusive conduct rather than proving every individual incident in isolation.
G. Abuse of Position of Trust
I. We also reiterate support for introducing a specific offence relating to abuse of a position of trust involving young people under 18.
II. Teachers, coaches, social workers, religious leaders and others in positions of authority should not be permitted to exploit their position to engage in sexual conduct with young people in their care.
Improving the lives of Hong Kong’s ethnically diverse individuals by reducing suffering and providing opportunities
H. Forced Marriage and Child Marriage
I. The Zubin Foundation further recommends that the Government review the interaction between child protection law, sexual offence legislation and the current minimum marriage age.
II. Hong Kong generally recognises persons under 18 as children. Consideration should, therefore, be given to:
a. Raising the minimum marriage age to 18 without exception; and
b. Recognising forced marriage involving children as a form of child abuse and gender-based violence.
III. Our experience working with women and girls demonstrates that these issues can intersect with coercion, abuse of power and restrictions on personal autonomy
Question 7: Miscellaneous Child Sexual Offences
I. The Zubin Foundation generally supports strengthening child sexual offences and welcomes reforms that close legal loopholes and improve protection for children. Any new offences should be accompanied by trauma-informed support services and culturally accessible reporting pathways for victims and families.
Question 8: Miscellaneous Sexual Offences
I. The Zubin Foundation supports reforms that modernise the sexual offences framework, improve legal clarity and ensure appropriate protection for vulnerable individuals
I. The Zubin Foundation supports consequential legislative amendments necessary to ensure consistency across Hong Kong's sexual offences framework.
Question 10: Strengthening Protection for Victims
The Zubin Foundation strongly supports the Government's proposals to strengthen protection for victims of sexual offences.
I. Practice Directions for Child Sexual Abuse Cases
I. Victims of child sexual abuse frequently experience secondary trauma during criminal proceedings. Lengthy and aggressive cross-examination can be distressing and may discourage participation in the justice process.
II. We recommend that the Judiciary establish specialised Practice Directions for child sexual abuse cases, including:
a. Judicial management of cross-examination;
b. Child-sensitive questioning;
c. Greater use of pre-approved questioning where appropriate;
Improving the lives of Hong Kong’s ethnically diverse individuals by reducing suffering and providing opportunities
d. Child-friendly procedures; and
e. Measures to minimise re-traumatisation.
J. Trauma-Informed One-Stop Support System
I. We support the development of a multidisciplinary, trauma-informed "one-stop" support model bringing together:
a. Child protection services;
b. Medical services;
c. Forensic services; and
d. Judicial support services.
II. Such an approach would reduce repeated interviews, minimise trauma and improve outcomes for child victims and witnesses.
K. Sentencing Guidance
I. We support consideration of formal sentencing guidance to improve consistency and transparency in sentencing outcomes for sexual offences. Such guidance would help ensure that penalties appropriately reflect the seriousness of offending and the harm caused to victims.
L. Access to Justice for Ethnically Diverse Communities
I. Child victims and families from ethnically diverse communities may face additional barriers when engaging with the justice system, including:
a. Language barriers;
b. Limited familiarity with legal processes;
c. Social isolation;
d. Cultural stigma; and
e. Lack of access to appropriately trained professionals.
II. We, therefore, recommend that any trauma-informed victim support framework include:
a. Professional interpretation services;
b. Multilingual information and support materials;
c. Cultural competency training for frontline professionals; and
d. Improved accessibility of victim support services for ethnically diverse communities.
M.Cyber Sexual Crimes and Image-Based Sexual Abuse
I. The Zubin Foundation recommends that the Government continue reviewing whether existing and proposed sexual offences adequately address technology-facilitated sexual abuse. In our frontline work, we have encountered cases involving girls and young women whose intimate images were obtained, retained or used by others without their genuine consent, including situations involving threats, coercion, humiliation or exploitation.
II. We encourage the Government to ensure that sexual offence laws and victim protection mechanisms adequately address image-based sexual abuse, online sexual exploitation, sextortion and other forms of technology-facilitated abuse. Particular attention should be given to protecting children and young people, who may be especially vulnerable to online coercion and manipulation.
Improving the lives of Hong Kong’s ethnically diverse individuals by reducing suffering and providing opportunities
N. Additional Recommendations from The Zubin Foundation
Beyond the consultation questions, we encourage the Government to consider the following complementary measures:
I. Strengthen Mandatory Reporting Implementation
a. Ensure culturally competent implementation of the Mandatory Reporting of Child Abuse regime, supported by clear guidance and training for professionals working with children.
II. Expand Safeguarding Education
a. Parents may not understand what defines as abuses and their legal responsibilities. Increase community education on child protection, grooming, consent and reporting pathways, particularly for vulnerable and underserved populations.
III. Strengthen Safeguarding in Community and Faith Settings
a. Provide guidance and training to organisations working with children, including community groups, faith-based organisations and youth-serving institutions.
IV. Improve Cultural Competency Across Systems
a. Some women may be hesitant to report abuse due to different concerns (e.g. worries of bringing shame to family, not believed by their family, feeling difficult to express themselves, concerns about immigration status or financial dependency on family members, etc.)
Provide specialised training for police, prosecutors, social workers, healthcare professionals and educators to better support individuals including children from diverse cultural and linguistic backgrounds.
V. Recognise Forced Marriage as Child Abuse
a. Recognise forced marriage involving children as a form of child abuse and gender-based violence and ensure affected young people have access to protection and support services.
VI. Review the Minimum Marriage Age
a. Consider aligning the minimum marriage age with Hong Kong's broader definition of childhood and international child protection standards.
Enquiries
For further information and discussion, please contact:
• Shalini Mahtani, Founder and CEO, email at mummy@zubinfoundation.org
• Matthew Yu, Director of Core Functions, email at matthew@zubinfoundation.org
