Replies to LegCo questions

LCQ8: Corporal punishment

Following is a question by the Dr Hon Fernando Cheung and a written reply by the Secretary for Health, Welfare and Food, Dr York Chow, in the Legislative Council today (October 18):

Question:

It was reported that a mother was arrested for suspected child abuse after hitting her 7-year-old son's hand, causing him to run away from home. According to a study conducted by the University of Hong Kong on child abuse in 2005, about 44% of the parent respondents admitted having ever administered corporal punishment to and use physical violence on their children. In this connection, will the Government inform this Council whether parents' administering corporal punishment to their children contravenes any laws of Hong Kong; if so, of the legislation contravened?

Reply:

Madam President,

There is no prescribed provision under the existing law that prohibits corporal punishment inflicted by parents on their children. However, it does not mean that parents can use violence against their children. Pursuant to section 27(1) of the Offences Against the Persons Ordinance (the Ordinance) (Cap. 212), it is unlawful for a person aged over 16, including a parent, who has the custody, charge or care of a child or young person under the age of 16, to wilfully assault or ill-treat the child or young person, or causes such child or young person to be assaulted, ill-treated in a manner likely to cause such child or young person unnecessary suffering or injury to his health. If convicted, the person shall be liable to a maximum penalty of ten years' imprisonment. The person may also be convicted of assault occasioning actual bodily harm or common assault respectively under sections 39 and 40 of the Ordinance, and subject as such to a maximum penalty of one to three years' imprisonment.


Ends/Wednesday, October 18, 2006
Issued at HKT 13:16

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