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The definition of rape, for example, remains narrowly defined as non-consensual penile-vaginal penetration, reflecting outdated understandings of sexual violence.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A particularly outdated and problematic aspect of Hong Kong’s sexual offenses is the defence of “genuine but mistaken belief,” which absurdly permits the perpetrator's subjective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.
Mental Health is a profoundly important global issue. Today, I want to shine a light on its critical impact in Hong Kong.
Recent local studies conducted by the Health Bureau from 2019 to 2023 have revealed that nearly 25% of over 6,000 youth have experienced various levels of mental distress and neurodiversity. The latest figures also showed a significant rise in suicidal rate among young individuals aged 10 to 29 since 2016. Alarmingly, the suicidal rate for female teenagers under 15-year-old reached an unprecedented level in 2023. Over aged 60 accounts for 40% of the overall suicide.
But I want you to know there is hope. Although we have faced the heartbreaking loss of some of our precious students since the start of this new academic year, it is important to remember that we can make a difference.
The risk factors contributing to this crisis are multifaceted and interrelated: the social isolation during the pandemic, global instability due to warfare and economic challenges. Natural disasters and global warming are also areas of deep concern for our youngsters, reinforcing their sense of hopelessness and helplessness.
However, international research over the decades had clearly shown that over 90% of those who died by suicide had underlying psychiatric disorders, two-thirds of which were related to anxiety and depression. Tragically, among the 30 students who passed away due to suicide in the first semester of 2023, only 30% had been receiving psychiatric services. This means that many were unfortunately not recognized by themselves, their families, friends or teachers and did not have the opportunity to receive appropriate and timely treatment.
But here’s the encouraging part: the vast majority of psychiatric disorders at any ages, if detected, if detected and intervened early, can lead to very good outcomes. Suicide is preventable.
Prevention strategies are vital and that’s where we all come in. Schools play a pivotal role in this effort. By raising awareness of the signs of stress among students and enhancing teachers’ and school social workers’ skills in risk detection, we can create a healthier school community and by extension a healthier wider community.
The government can also contribute by investing in preventive strategies within a Universal, Selective and Treatment framework, such as the 4Rs Mental Health Charter (Rest, Relaxation, Relationship, and Resilience) implemented by the Education Bureau as a universal prevention measure.
At the selective prevention level, further professional training using evidence-based approaches can be organized to empower schools as gatekeepers. By identifying students at risk, we enhance risk detection and enable early intervention.
At treatment level, we need to further enhance the accessibility of psychiatric services using a public-private partnership framework. Working collaboratively with community partners, including social welfare organizations and community psychiatrists, can make mental health services more accessible and available.
The Hong Kong Mental Wellness Association (HKMWA) has launched several programmes using treatment, selective and universal prevention framework to address the urgent mental health needs.
Firstly, at the treatment level, WeCare SOS Support Our Students programme was launched in December 2023 in collaboration with the Hong Kong Social Workers Association supported by various foundations, to address the escalating trend of students’ suicide. This initiative aims to facilitate early identification, appropriate and timely treatment of students showing signs of stress and suicidal risk. These students are cared for by community psychiatrists providing four sessions of free consultation and medication. Phase I has successfully run since December 2023 with over 200 students being identified and treated. Phase II supported by the Hong Kong Tuberculosis, Chest and Heart Diseases Association (HKTCHDA) will be launched in the fourth quarter of 2024, extending the age limit and increasing the number of free sessions, to address community needs identified in Phase I.
Secondly, at the selective prevention level, we provide professional training for school teaching and counselling staff, in collaboration with Hong Kong Heng Seng University and the Greater Bay Area Medical Professional Development Association, we will organize a free evidence-based training foundation course for teachers on October 29th 2024. The training aims to equip participants with essential skills for early risk detection and evidence-based intervention in handling students with mental health issues. Also, a scientific symposium on mental wellness will be held in collaboration with the Greater Bay Area Medical Professional Development Association and Hong Kong psychological professional bodies on October 18, 2024.
Thirdly, as for universal prevention level, we have been running a school wellness programme “De-stress Express (DSE)” since early 2023. This programme includes mental health talks and stress management workshops for high school students, teaching staff and students. The goal is to increase understanding of the importance of mental wellness and to equip participants with stress management skills for better physical and mental wellness. Up until now, over 36 schools have been covered with over 60,000 participants involved.
We will also collaborate with community partner, to conduct a free Mental Health First Aid course for students on November 2, 2024. The three-hour course aims to empower students to become mental wellness ambassadors who can detect their own signs of distress, and help their fellow classmates and friends, encouraging them to reach out to adults for help.
As we celebrate the World Mental Health Day on October 10, let’s remember that promoting mental well-being is a community effort. It involves parents, schools and mental health professionals, all working together.
Young people are our future. By raising awareness and equipping ourselves with self-help skills and the ability to help others, we can all face the challenges ahead and foster an inclusive, supportive environment for everyone in our community.
I’d like to dedicate a song by Carole King “You’ve got a friend”, because “it’s ok to be not okay”, and it is important to “always reach out when you’re troubled”. Just remember, “you’re not alone”. Let’s work together for a better mental health for all.
06/10/2024 - Dr. May Lam, Founder and President of the Hong Kong Mental Wellness Association