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The definition of rape, for example, remains narrowly defined as non-consensual penile-vaginal penetration, reflecting outdated understandings of sexual violence.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A particularly outdated and problematic aspect of Hong Kong’s sexual offenses is the defence of “genuine but mistaken belief,” which absurdly permits the perpetrator's subjective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.
September 10th is World Suicide Prevention Day, established on September 10, 2003, by the International Association for Suicide Prevention (IASP) and the World Health Organization (WHO). Suicide is a global concern and a serious public health issue in every country. This day aims to call on governments, suicide prevention associations and agencies, local communities, healthcare workers, and volunteers to join in various local actions, collectively raising public awareness of the importance of suicide prevention and reducing suicide rates.
Most annual holidays are celebrations, but World Suicide Prevention Day evokes sadness. There is nothing to celebrate on this day; it serves as a reminder that our work is not yet done, as the number of suicides remains alarming. Nearly 700,000 people die by suicide each year worldwide, with someone taking their life every 40 seconds. According to a report from the Hong Kong Coroner's Court, there were 1,092 suicide deaths in Hong Kong in 2023, averaging 2.99 deaths per day, the highest number since 2003. The number of elderly suicides in 2022 broke the record since 1973. Although the figure in 2023 is slightly lower than in 2022, it still accounts for the largest number of suicide deaths in many years.
Elderly suicides may be related to the death of their spouses and the emigration of their children. Older individuals are less likely to seek help from hotlines or online resources, resulting in a higher proportion of suicides compared to other age groups. Youth suicides have also continued to rise in recent years, increasing from 130 cases in 2021 to 159 cases in 2023. In addition to the societal atmosphere, the high expectations placed on young people are also contributing factors to suicide. However, suicide is preventable.
The theme for World Suicide Prevention Day from 2024 to 2026 is "Changing the Narrative on Suicide," which aims to shift perceptions of suicide from a taboo subject to one that can be openly and honestly discussed, drawing greater attention to the issue. In recent years, local governments have actively strengthened suicide prevention efforts, such as removing the stigma surrounding suicide, enhancing emotional support services, and promoting the message of cherishing life. The rising suicide rates among the elderly and youth in Hong Kong are particularly concerning. The government has implemented various targeted measures, such as the "4Rs Mental Health Charter" focused on school children's mental health, to assist schools in promoting students' physical and mental well-being. Our organization has also participated in this initiative, providing immediate crisis intervention, in-depth counselling services, mental health promotion, and life education.
However, government resources may not be sufficient. Therefore, we suggest that authorities increase staffing in schools to help address the student suicide crisis and proactively reach out to the elderly to provide emotional support. We hope that the societal atmosphere will become more open regarding suicide, which can improve the current situation: parents can support their children and avoid exerting pressure. At the same time, the government should adjust the current education system to provide more opportunities for young people to develop their talents. Children can listen to and accompany their elders more, actively expressing concern. Everyone can take an extra step to walk alongside friends and family members experiencing emotional problems, alleviating their mental stress.
With technological advancements, The Samaritan Befrienders Hong Kong has also expanded its existing online suicide prevention services. The "ChatPoint" online chat service has increased staffing and extended service hours, allowing more individuals to seek help, particularly targeting the younger generation and those accustomed to using online channels for support, aiming to provide more appropriate assistance to reduce their risk of suicide.
As a member of the International Association for Suicide Prevention (IASP), The Samaritan Befrienders Hong Kong aligns with international standards. In addition to providing a variety of suicide crisis intervention services and early life education that emphasizes the importance of cherishing life, it also assists Southeast Asia and neighbouring regions in establishing organizations with similar goals. We hope to strengthen suicide prevention efforts, allowing our experiences to support others in this critical work. We encourage all sectors of society to unite as guardians, caring for those experiencing emotional distress in the workplace, school, neighbourhood, and home. Our organization is committed to providing assistance and raising social awareness about the issue of suicide.
This morning, I'd like to dedicate " Don't Give Up " by Mia Stegner to everyone who's going through a tough time and facing challenges in their lives.