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The definition of rape, for example, remains narrowly defined as non-consensual penile-vaginal penetration, reflecting outdated understandings of sexual violence.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A particularly outdated and problematic aspect of Hong Kong’s sexual offenses is the defence of “genuine but mistaken belief,” which absurdly permits the perpetrator's subjective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.
How has life treated you? Each of you may have a different answer at different stages of life.
When I was small, I wished to stand tall.
I asked my teacher, “What will I be?”
Here’s what my teacher said to me,
“Any dream will do.”
I’m sure many of you have been encouraged to do the same: pursuing your own dreams. But I doubt whether many adolescents have dreams of their own in this day and age. For those who do, I am wondering whether the dreams contribute to genuine happiness. The World Happiness Report 2024 sounds alarm on the mental well-being of the youth. Our youth’s happiness has hit a new low.
Many teenagers are living with the mundanity of daily routines, and worryingly, lack long-term plans of their own. With a lack of personal life goals, these youngsters go with the flow, and tend to follow a fragmented path, which is not sustainable in the long-term. When facing headwinds, they can become disoriented and experience mental breakdown easily. Their setbacks in life include unsatisfactory academic results, huge pressure from parents and the deprivation of social life. To our dismay, despair often leads to tragic stories.
Career and life planning is particularly important for our youth. Gone are the days when we were burdened with making important life decisions, such as choosing university courses or applying for a job, in the nick of time. Life is a journey and it should be perceived this way.
Now I have students of my own,
they ask me, “What will I be?”
I say to them, “Whatever will be will be.”
Of course, I am not encouraging them to engage in inaction. What I am telling them is that they should plan ahead without excessive planning.
There is a world of opportunities awaiting them. I usually tell them this: go all out and explore. Yet nothing should be set in stone to start with. Nor should they overwhelm themselves with as many experiences as possible. Remember, it is not the more, the merrier. They should embrace new opportunities while committing themselves to a few experiences at a time. Gradually, they will form their own goals, work towards the goals, review them from time to time, form new life priorities and build career resilience. It’s okay to face hardships. Don’t be failed by the future but let future find us. Life planning is a perennial and dynamic process.
To be future ready, we are often told that we should adapt to the emerging AI world. I am not worried about Gen Alpha’s preparedness for the AI world because they are generally tech-savvy. What I am worried about is their exposure to the real world experience. When some youngsters have spent too much time in the virtual world, they only know how to write fragmented sentences as social media messages instead of composing proper emails; or they only know how to customise their online experience without feeling the need to collaborate with others. Worse still, some of them only know how to input commands in order to generate music and artworks while losing human creativity. I hope none of these will become the norm or else our future will be bleak.
Our future will be bleak because the youth is our future. If they thrive, we thrive. That’s why I encourage NGOs, schools and businesses to work together to organise experiential activities for our youth so as to connect their learning experiences with the real world. Nothing is more valuable than providing them with mentorship and internship. Giving them a flavour of the workplace allows them to appreciate the beauty of teamwork and gain practical experiences making them more humanistic. In fact, many of our students are grateful for the enlightening and life-transforming experiences of learning from mentors experienced in the field. Their experiences are conducive to their career planning.
At the end of the day, we are reduced to a name, or slightly better, a character. I hope when we reach that note, we can proudly say:
“I lived a life that's full
And traveled each and every highway
And more, much more than this
I did it my way”
These few lines are taken from the song “My Way” by Paul Anka. “My way” does not denote a solitary journey. Rather, it means that we, especially our youth, should navigate the world ourselves, have forward planning and chart a course that suits us best. If we can, Hong Kong will prosper.