Replies to LegCo questions

Legislative Council Question No. 20 (Written Reply)

Date of Sitting : 8 May 2002

Asked by : Hon. Emily LAU 

Replied by : Secretary for Health and Welfare 

Question : 

It has been reported that, as indicated by the information of the Social Welfare Department, 143 requests for assistance involving abuse of elderly people were received between October 1999 and February 2001 and this situation causes public concern. An officer of the Health and Welfare Bureau even considers it necessary to commence a study on the enactment of legislation against abuse of elderly people. In this connection, will the Executive Authorities inform this Council :

(a) of the details of the cases which requested assistance, including the gravity of the acts of abuse, whether they have given rise to a suicidal tendency among the elderly concerned as well as social problems, and the way such cases have been handled;

(b) of the scope of the study to be conducted for the purpose of enacting legislating against such abuse and the objective of enacting such legislation; and

(c) when they intend to consult this Council, the relevant professions and members of the community on the enactment of such legislation?



Reply :

Madam President,

Elder abuse is a complex problem involving multiple factors which may precipitate incidents of abuse. It is often the result of an interaction of a host of risk and protective factors in individuals, in the family, and in society. Understanding the risk and protective factors will help us develop effective prevention and intervention strategies, and programmes and services to help prevent the occurrence of elder abuse, and to intervene effectively when cases of abuse are known.

There is also no universally accepted definition of elder abuse, and perceptions and the descriptive definition of elder abuse vary among groups across and within societies, reflecting distinction between acceptable and unacceptable interpersonal and communal behaviour in different societies. The situation is further complicated by the fact that perpetrators of elder abuse have been found to be mostly family members. Many elderly victims are reluctant to report or admit to being abused to protect their loved ones, or they may be ashamed to admit to being abused by their own children or relatives, or even assume the blame for the abuser's behaviour.

The strategy adopted by the Administration to tackle elder abuse is to build up the knowledge base on the definition and prevalence of elder abuse in Hong Kong by undertaking research, developing a multi-professional protocol to deal with abuse cases, and establishing an elder abuse registry; to learn from overseas experiences in tackling elder abuse; to organize community education programmes so as to enhance public concern and awareness on the issue of elder abuse, and to promote respect for elders in society; to provide a supportive environment for vulnerable elders; and to enhance frontline workers' understanding, knowledge and skills in dealing with abuse cases through training. This strategy is broadly in line with the responses of overseas countries to elder abuse.

We have researched overseas experience in enacting specific elder abuse laws. We have noted that in some countries, new legislation has been enacted to criminalize the abuse of elders and to increase penalties for certain crimes against older persons. In other countries, there is thus far little or no legislation designed specifically to protect older persons from abuse. Protection of vulnerable adults is usually provided through criminal laws, Mental Health Act, or existing legal provisions covering health services, community care, housing and property rights etc. It is found that in the US, specific state laws have been enacted to deal with elder abuse while in UK and Australia, elders are protected from abuse mainly through the general legislative framework. In Hong Kong, although we do not have specific legislation against elder abuse, criminal offences committed against elders are prosecutable under existing laws. 

Overseas experience also shows that there are mixed views towards the enactment of specific elder abuse laws. While proponents advocate that abuse laws help to safeguard the rights of elders, clarify the powers of intervention for health and social workers, outline the initial and long-term case management procedures and deter potential abusers, opponents have regarded them as an undesirable intrusion into the sanctum of family and violation of personal liberty. They argue that valuable resources are likely to be consumed by 'policing' families, rather than providing preventive and support services to them. In some countries where there is specific elder abuse legislation, application of the legislation is not systematic or active, probably because abuse cases are difficult to detect and professionals as well as elders themselves are reluctant to report. In some countries, professionals in health and welfare sectors are legally required to report cases of suspected abuse of older persons, neglect or exploitation. The effectiveness of mandatory reporting to respond to, and deter abuse of older persons is however in dispute. It is also recognized that in situations in which an older person is suffering from mental ill-health and is in need of assessment, resort to the law may be contraindicated. Given the complex inter-relationships between the elder and the abuser, the cultural context of our society which may add to the difficulties of case detection and reluctance to report, and that we are organizing more integrated responses to elder abuse, our current priority is to promote and enhance public awareness of the problem of elder abuse, and focus on prevention and intervention strategies, and not to enact specific legislation against elder abuse.

Turning to the specific questions :

(a) As there is currently no central elder abuse registry, information on elder abuse is collected on an ad hoc basis. In an exercise conducted in March 2001 to collect information on reported elder abuse cases during the period from October 1999 to February 2001, the concerned service units of the Social Welfare Department (SWD) and non-governmental organizations (NGOs) reported that there were 143 elder abuse cases during the period. The reported details of the 143 cases are as follows : 

Note 1 : Given that there is not yet an agreed definition on elder abuse in Hong Kong, these figures are rough estimates only.

Note 2 : An elder abuse case may involve more than one type of abuse.

Note 3 : An elder abuse case may involve more than one abuser.

The reported cases have been followed up by the relevant SWD service units and NGOs with appropriate services. We have no separate information on whether they have given rise to a suicidal tendency among the elders concerned as well as other social problems.

(b) and (c) As mentioned above, our current priority is to promote and enhance public awareness of the problem of elder abuse, build up our knowledge base of the risk and protective factors for elder abuse, and focus on prevention and intervention strategies. We do not have in hand a study to enact specific legislation against elder abuse, and therefore do not have a timetable for consulting the Legislative Council, relevant professions and the community on the matter.