In FLCC 1742/2024 HKSAR v Y.S.W., the defendant, a life coach (生活指導員) of a school hostel for children with intellectual disabilities, was alleged assaulting a MIP child. It was the prosecution case that the defendant had a dispute with a MIP child over the latter’s behaviour in an activity room. CCTV captured the defendant pushing the victim to the corner and slapped his face. Other staffs witnessed the incident. Injury was found on the victim’s face upon examination. 

Although Mandatory Reporting of Child Abuse Ordinance has not yet come into effect*, the school reported the case to the Social Welfare Department and the Police. Multi-disciplinary Case Conference on Child Abuse (懷疑虐待兒童多專業個案會議) was held. The defendant was eventually charged with wilful assault causing injury to a child (also known as “虐兒”). 

Having considered the representations on behalf of the defendant and, evidence and all circumstances of the case, the prosecution offered no evidence against the defendant on the condition that the defendant agreed to be bound over. With the approval of the learned Magistrate Ms. Kelly Shui, the defendant was ordered to be bound over for 18 months. 

Emanuel Law was instructed by Ringo Ho of Ho & Partners Solicitors to represent Y.S.W.. 

*Mandatory Reporting of Child Abuse Ordinance (強制舉報虐待兒童條例) will come into operation on 20 January 2026. It requires 25 categories of specified professionals to report suspected serious child abuse cases and/or the risk of child abuse to the Social Welfare Department or the Police, failing which the offender is liable to a fine of $50,000 and 3 months’ imprisonment.

Article reposted from LinkedIn of Mr. Emanuel Law of David Ma’s Chambers.