Listen to #Hashtag Hong Kong every Sunday morning at 8.15
Focussing on issues affecting civil society, we'll hear from representatives of NGOs, associations, statutory bodies, and non-profit groups.
(Sundays 8.15am - 8.25am)
In Hong Kong, the issue of sexual violence is frequently overlooked and inadequately discussed. A 2021 local survey revealed that 1-in-3 women has experienced some form of sexual violence in their lifetime. This indifference to the alarming prevalence of sexual violence fosters an environment where victim-survivors struggle to find the support they desperately need. Many encounter a culture of disbelief, stigma, and victim-blaming, which causes further trauma. As a result, individuals often hesitate to report incidents, fearing they will not be taken seriously or doubting that justice can be achieved through the legal system. It often took immense courage for sexual violence victim-survivors to come forward and disclose their experiences. Many stood up not only for themselves, but also to ensure that others do not have to suffer the same fate. Yet, time and again, our criminal justice system fails these courageous women, leaving them feeling betrayed and unheard in their quest for justice.
Many of Hong Kong’s sexual offences are based on legislation from the 1970s, which in turn was based on even earlier English laws. The definition of rape, for example, remains narrowly defined as non-consensual penile-vaginal penetration, reflecting outdated understandings of sexual violence. Even the English sexual offences have seen a major overhaul in the early 2000s. Hong Kong’s ancient legal framework fails to adequately protect victim-survivors and creates significant barriers to justice. The latest 5-year review of service data from RainLily, reveals a staggering statistic: in the sexual violence crisis centre’s known result, for every 100 cases reported to the police, only 6 have seen the accused convicted in the first trial. These numbers starkly illustrate the inadequacy of our legal system in delivering justice for victim-survivors and holding perpetrators accountable for their actions.
A particularly outdated and problematic aspect of Hong Kong’s sexual offenses is the defence of “genuine but mistaken belief,” which absurdly permits the perpetrator's subjective belief to override the victim's consent, even when that belief is clearly unreasonable. This led to victim-blaming and abusive questioning in the courtroom which reinforces harmful stereotypes about sexual violence. The lack of resistance, victim’s clothing and behaviour, relationship context etc are often intentionally misinterpreted by the defence counsel as sending a “mixed signal” to the accused which led to so-called “misunderstanding”. The persistence of the use of rape myths as grounds for acquittal is both frustrating and profoundly unjust.
The experiences of victim-survivors highlight the urgent need for a clearer understanding of consent within the legal framework, as recommended by the Law Reform Commission in 2019. In the past and within the current context of Hong Kong’s courts, the concept of consent has often been seen as a door that is always open. It was the victim’s responsibility to demonstrated they had said ‘no’ vigorously to prevent sexual assault from happening. This outdated and harmful perspective places the burden on the victim and perpetuates a culture where sexual violence can thrive. Far too often, victims are asked to explain why they were victimized, while the perpetrators escape accountability for their actions, as if it were a matter of course. This must change. Instead of placing the burden on victims to justify their experiences, we must hold perpetrators accountable for their actions. Shame must change side.
In today’s evolving cultural context, there is a growing recognition that consent is not a passive state but an active and ongoing process. We are shifting to an understanding of consent as a door that is always closed. It is the responsibility of the person initiating sexual activity to “knock” and obtain clear and affirmative consent before proceeding. This means actively seeking a clear and enthusiastic “yes” and ensuring that consent is freely and voluntarily given.
Since the Law Reform Commission conducted its consultation on ‘rape and other non-consensual sexual offences’ 13 years ago, many places have moved further to advance protection for victims in the goal of encouraging reporting and reducing the traumatisation and rape myths that swim through the criminal justice system. In Australia, multiple jurisdictions have implemented that any belief in consent will not be reasonable if the accused did not say or do anything to ascertain consent. This shift in focus from the victim’s actions or inactions to the defendant’s behaviour is crucial in ensuring that consent cannot be assumed.
The quality of taxi services in Hong Kong has long been a contentious issue, exacerbated in recent years by the rise of internet-hailing ride services and economic downturns. These challenges have significantly impacted the taxi industry, notably seen in the plummeting value of urban taxi licenses from $7.6 million in 2013 to approximately $3.1 million by mid-2024. The financial strain on taxi drivers, who often pay exorbitant rents to taxi owners, has led to diminished service quality and a lack of motivation to meet passengers' expectations.
In response to these issues and resulting public criticisms, the Hong Kong Taxi Council launched a customer service campaign in order to address industry shortcomings and revitalize service standards. This initiative seeks to acknowledge the challenges faced by drivers and demonstrate a commitment to improving service quality. It represents a pivotal moment for the taxi industry, highlighting the urgency for reform amidst declining public confidence and competition from ride-hailing platforms like Uber, which, despite facing legal hurdles, have captured significant market share due to their perceived convenience and competitive pricing.
Challenges of Operating Taxi Services in Hong Kong
Operating taxi services in Hong Kong presents multifaceted challenges, primarily driven by financial burdens and an outdated licensing system that favors a few incumbent owners. High rental costs for taxis directly impact drivers' earnings, leading to dissatisfaction and reduced service standards. The monopolistic nature of the licensing regime further stifles competition and innovation within the industry, hindering its ability to adapt to evolving consumer demands and technological advancements. The industry has also failed to attract young blood and hence most of the drivers are way past the benchmark of old age of 60 years.
The emergence of ride-hailing platforms has intensified competition, exacerbating the plight of traditional taxi services. Uber, despite operating in a legal gray area, has attracted a sizable customer base seeking more efficient transportation alternatives. This underscores the growing preference for flexible, technology-driven services that traditional taxis struggle to match. To remain viable, Hong Kong's taxi industry must confront these challenges head-on, addressing both regulatory barriers and internal operational deficiencies.
Can the Ambassador Campaign Really Help?
The effectiveness of the ambassador campaign hinges on its ability to instill a culture of professionalism and service excellence among taxi drivers. By emphasizing the importance of courtesy and customer satisfaction, the campaign could perhaps rebuild trust and improve overall passenger experience. However, achieving sustainable improvement requires more than just promotional efforts—it necessitates structural reforms and tangible incentives to incentivize drivers towards higher service standards.
Drawing insights from global practices, cities such as Singapore and Dubai, have integrated technology in taxi services. This provides a relevant benchmark for Hong Kong. Technology-enabled booking systems and electronic payments can streamline operations, enhance user convenience and service efficiency. Embracing similar innovations could bolster Hong Kong's taxi industry, making it more competitive and appealing to consumers accustomed to digital solutions.
Improvement Suggestions for the Government and Stakeholders
To foster lasting change, collaborative efforts between the government and industry stakeholders are imperative. Key recommendations are:
1. Reform the Licensing System: Transitioning towards a more competitive licensing framework based on performance metrics could stimulate service improvements. By diversifying ownership and promoting operational transparency, the government can create a more dynamic marketplace conducive to innovation and service quality.
2. Embrace Technological Integration: Expanding digital infrastructure, such as app-based booking systems and cashless payment options, would modernize service delivery and enhance user experience. Initiatives like the government's proposed rollout of premium taxi fleet licenses and e-payment solutions represent positive strides towards technological integration.
3. Promote Public Awareness: Educating consumers about their rights and responsibilities when using taxi services is crucial for fostering mutual respect and improving overall service interactions. Public awareness campaigns can enhance passenger satisfaction and encourage a culture of accountability among drivers.
Hong Kong is an international city renowned for its best of the class transport system. There is no plausible reason why the taxi service cannot be improved to same standards.