Mandatory Reporting of Child Abuse Ordinance
serious harm (嚴重傷害) means any harm specified in Schedule 2.
5. Defences for offence under section 4
(1) If a specified professional is prosecuted for an offence under section 4(4), it is a defence for the professional to establish that, at the time of the alleged offence, the professional had reasonable excuse for contravening section 4(1).
(2) If a specified professional is prosecuted for an offence under section 4(4) for failing to make a report in respect of a child as soon as practicable after the material time as defined by section 4(5) (delay), it is a defence for the professional to establish that the professional—
- (a) honestly and reasonably believed that the delay was in the best interests of the child; and
- (b) has, during the delay, taken actions that are reasonably necessary in the circumstances to protect the interests of the child.
(3) A specified professional is taken to have established a matter that needs to be established for a defence under subsection (1) or (2) if—
- (a) there is sufficient evidence to raise an issue with respect to that matter; and
- (b) the contrary is not proved by the prosecution beyond reasonable doubt.
6. Requirements for reports
(1) A report must be made to an Authority.
(2) A report must contain—
