“We believe the current proposed penalties, which include both a jail term and fine, are not very proportional forms of punishment,” Tik said on a radio show.
“The penalties might lead to misreporting. Professionals would prefer not to have a criminal record, as it could lead to losing their qualifications.”
Under the Mandatory Reporting of Child Abuse Bill, professionals who fail to report situations such as psychological attacks, neglect and physical or sexual abuse, could face a three-month prison sentence and a HK$50,000 (US$6,400) fine.
The Legislative Council’s bills committee resumed discussion on Monday morning over the proposed legislation, which would require workers in 23 professions to report the suspected cases.
Tik said the government would devise a two-tier reporting system to label abuse as “severe” or “light”.
Punishment would remain the same for not reporting “severe” abuse, which included cases where children suffered bone fractures, disfigurement or even died, he said.
No jail terms would be imposed for “light” cases, Tik said, adding he welcomed the possible change.
Tik is among the lawmakers who voiced opposition to the original penalties. Legislator and former security chief Lai Tung-kwok earlier said the costs would outweigh the benefits of the bill if the penalties were too severe, which could put undue pressure on professionals and prompt false reporting.
Among the 23 professions listed in the draft legislation, 18 groups are from the healthcare sector, including doctors, nurses, dentists, traditional Chinese medicine practitioners, pharmacists and psychologists.
Teachers, wardens of boarding schools, social workers, childcare staff and the heads of residential care homes for youngsters are also included.
But Patrick Cheung Chi-hung, chairman of a major organisation Against Child Abuse, told the same radio programme that the penalties were appropriate as the bill needed to have a deterrent effect.
What risks do Hong Kong professionals face in new bill to prevent child abuse?
What risks do Hong Kong professionals face in new bill to prevent child abuse?
“The proposed penalties are well-founded. They follow the same rationale for failure to report crimes such as drug trafficking and terrorism,” Cheung said.
Both Tik and Cheung noted the government was also working on a guide book which would provide “decision tress” to help frontline professionals recognise abuse and take the right steps to report cases.
Secretary for Labour and Welfare Chris Sun Yuk-han said earlier that deliberations over the bill had reached the final stage.
Regarding the potential scrapping of the prison terms, he emphasised that penalties with a deterrent effect should be imposed for severe cases where the professional was fully aware of the abuse.
But authorities were confident consensus would be reached with the welfare sector by taking into consideration the original intent of the draft legislation and addressing the industry’s concerns.