Hong Kong’s new Mandatory Reporting of Child Abuse Ordinance: What organizations need to know

Hong Kong has introduced a major new child-protection law with the commencement of the Mandatory Reporting of Child Abuse Ordinance (Cap. 650), which came into force on 20 January 2026.

The Ordinance is designed to strengthen early identification and intervention in cases of serious child abuse by placing a legal duty on certain professionals to report suspected cases encountered in the course of their work.  

Who must report?

The reporting duty applies to 25 categories of specified professionals working in the medical, social welfare, and education sectors, as set out in Part 1 of Schedule 1 to the Ordinance. The new law will apply to a significant proportion of Hong Kong professionals working in these fields, with immediate effect.   

Organizations employing staff in these areas should assume the obligation may apply to them and check whether roles within the organization fall within the “specified professionals” categories. Such organizations and the professional governing bodies (e.g. the Medical Council) have been provided with a period of 18 months between the passing of the Ordinance (in July 2023) and its commencement, to enable such bodies to modify their respective Codes of conduct and other relevant rules in light of the requirements of the new law.    

It should be noted that, even though lawyers – including those of us practicing family law – are not included among the specified professionals with direct reporting obligations, given the seriousness of failing to report where required, and the likelihood that family lawyers may encounter cases that involve potential child abuse, we should at the least remain vigilant and take appropriate steps in accordance with our professional obligations if we become aware of child abuse cases, including situations involving actual or possible serious harm. 

What must be reported (and to whom)?

In broad terms, the Ordinance requires reporting where a specified professional suspects a child has suffered serious harm or is at real risk of serious harm. “Serious harm” will fall into four categories: physical abuse, psychological abuse, sexual abuse, and neglect. A detailed, non-exclusive definition of the term is set out in Schedule 2 to the Ordinance. “Real risk” excludes mere theoretical or fanciful risks.  Assessment by the individual professional requires a case-specific identification of the circumstances and an assessment of the various factors, including the child’s situation, the suspected abuser, family dynamics, and environmental factors. A detailed Guide for Mandated Reporters is available, which sets out structured analytical tools including “decision trees” and “supplemental analytical frameworks” subdivided into the four categories of serious harm. The Guide includes numerous case scenarios to assist professionals in deciding whether a particular case falls within the mandatory reporting requirement.     

Mandatory reports are to be made to either the Director of Social Welfare or the Commissioner of Police, both of whom are defined as “an Authority”. Dedicated sections within the Social Welfare Department and the Hong Kong Police have been set up to receive such reports. Organizations should ensure staff know which authority to contact, and that there is a clear internal pathway for raising concerns quickly without creating bottlenecks or delay. Initial reports should be made by either personal attendance or by telephone – including by 999 if the matter is urgent.  Written reports will then be lodged online, using a secure and confidential mechanism.    

Section 4(2) of the Ordinance also sets out the circumstances in which reporting is not required, including when the harm is accidental, self-inflicted, caused by another child or has already been reported by another professional. These safeguards help avoid unnecessary reporting and are particularly important in divorce proceedings, where emotional conflicts may run high. Clear guidelines reduce the risk that the Ordinance will be misused in custody disputes. 

Penalties for failing to report

Failure to comply with the mandatory reporting obligation is a criminal offence and may expose the specified professional to a maximum penalty of three months’ imprisonment, and a Level 5 fine (HK$50,000). 

This further affirms that specified professionals have a duty to report, emphasizing the expectation that they remain alert to early indicators of harm and to act promptly when concerns are identified before the situation worsens. 

Protections and safeguards for reporters

The Ordinance also provides measures designed to support and facilitate reporting, including protections such as prohibiting obstruction of reporting and restricting the disclosure of the identity of professionals who made reports.     

Organizations should embed these parameters within their internal policies and procedures, ensuring that staff feel safe, supported, and empowered to raise concerns appropriately.

Conclusion

The commencement of the Mandatory Reporting of Child Abuse Ordinance marks a significant shift in Hong Kong’s child protection landscape by providing a clearer legal framework and guidelines for frontline professionals who may be the first to notice warning signs. Organizations should move quickly to ensure staff understand when to report, whom to report to, and how to document concerns. The Ordinance further reinforces the understanding that the best interests of the child come first.