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The definition of rape, for example, remains narrowly defined as non-consensual penile-vaginal penetration, reflecting outdated understandings of sexual violence.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A particularly outdated and problematic aspect of Hong Kong’s sexual offenses is the defence of “genuine but mistaken belief,” which absurdly permits the perpetrator's subjective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.
Can you imagine that a young person who is blind and with mild mental challenge can sail by himself?
In 2019, we welcomed our first sailing team member with visual impairment, a teenager named Ben. Despite his inability to see, he participated in our Inclusive Sailing Project and Inclusive Sailing Race alongside our volunteers. Ben truly enjoyed sailing. He put in great effort to memorize all the sailing instructions. He shared that he could sense the wind direction and feel the vibrations of the dinghy on his face, allowing him to fully immerse himself in the experience.
Impressively, Ben was awarded our scholarship, which granted him the opportunity to learn advanced sailing skills. During the advanced sailing training, the coach sent me a video of Ben sailing the dinghy independently, without needing a buddy. When I watched the video, tears welled up in my eyes. It was a powerful reminder that everyone, regardless of their abilities, can enjoy sports with equal opportunities.
TREATS, established in 1979, is a registered charity and non-governmental organization in Hong Kong dedicated to providing equal opportunities for underprivileged children with diverse abilities to participate in the community and realize their potential. We are pioneers in advocating for children's social inclusion in Hong Kong. Through TREATS’ social inclusion programs, we aim to instill values of acceptance, equality, and diversity in the next generation, helping to change perceptions and end discrimination. We believe that children and youth of all abilities and backgrounds can join hands, learn to appreciate diversity, and unlock their full potential.
TREATS has conducted various surveys over the past 10 years to explore the social inclusion and community participation levels of children with disabilities. These studies consistently found that the community participation and social inclusion levels of children with disabilities were unsatisfactory. Regarding leisure participation, the surveys revealed that most community activities were not suitable for children with disabilities. Their choices were limited, and coaches often lacked the necessary knowledge and skills to effectively teach children with disabilities. In terms of social inclusion, the surveys indicated that children with disabilities lacked a social support network and friends. They often found it difficult to seek assistance in the community. Children with disabilities and their parents faced varying levels of exclusion and discrimination within the community.
There are numerous factors that can contribute to the community disengagement of children with disabilities. However, according to surveys conducted by TREATS, one key issue that has consistently hindered their community engagement over the past few years is a prevalent lack of awareness, misunderstanding, and prejudice among the general public towards children with disabilities.
Crucially, there have been limited opportunities for the public to have first-hand interactions and contact with children with disabilities. Such direct exposure and engagement would significantly enhance public understanding and acceptance of this marginalized group.
The persistent misunderstandings and prejudices held by many in the community have, in turn, directly contributed to wider discrimination and social exclusion faced by children with disabilities. Addressing these deeply rooted biases and fostering greater inclusion are essential for ensuring these children can equally participate and belong within their local communities.
Social inclusion programs offer a powerful approach to facilitating community engagement for children with disabilities.
Firstly, these programs provide opportunities for children with disabilities to develop essential skills such as self-confidence, resilience, problem-solving, communication, and social skills. This empowerment enables them to reach their full potential and actively participate in their communities.
Secondly, these programs maximize equal social participation by ensuring that children with disabilities have equal access to leisure and recreational activities. This not only strengthens their community connections but also cultivates a sense of belonging and self-worth.
Thirdly, these programs drive positive social change by creating platforms for direct contact and interaction between the public and children with disabilities. These positive experiences enhance public understanding, reduce prejudice and discrimination, and ultimately promote greater acceptance of children with disabilities within the community.
To conclude, it is crucial to continue advocating for greater awareness, understanding, and acceptance of diversity and end discrimination. By working together, we can build a Hong Kong where all children, regardless of their background and abilities, have the opportunity to thrive and actively participate in their communities.
I would like to dedicate the song 'We're All in This Together' to you.