Hong Kong Teacher Acquitted in Child Abuse Case but Denied Legal Cost Reimbursement
A Hong Kong teacher, Tong Yat-man, has been acquitted of child abuse allegations at a special needs school after prosecutors decided there was insufficient evidence to secure a conviction. However, despite being cleared of the charges, Tong’s request to be reimbursed for her legal costs has been denied by Fanling Court. The court found that Tong had incriminated herself through very suspicious conduct.
Tong made the allegations last year following a series of child abuse scandals at leading charity groups in Hong Kong. The allegations sparked a child sex abuse investigation at the Hong Chi Pinehill No 2 School in Tai Po, which caters to pupils with mental disabilities.
Magistrate Andy Cheng Lim-chi stated that Tong had no reason to make false allegations against her colleagues. While security footage of one alleged incident showed physical contact between the teachers and a student, it was determined that the contact occurred while consoling the pupil, not as an act of abuse.
Despite Tong’s claim that she wanted justice for her students, the court concluded that she must have expected her actions to cause fear among parents and disrupt the school’s operations. The magistrate ruled that Tong had infringed upon people’s privacy and defamed the school, leading to suspicion being cast upon herself.
Initially, Tong faced charges of accessing a computer with dishonest intent and wasting police resources. She was accused of accessing the school’s computer system without authorization to obtain parents’ contact information and CCTV records. Tong had sent an anonymous letter to parents, accusing her colleagues of abuse.
Court prosecutor Philip So Kin-ho explained that the case was discontinued due to doubts about securing a conviction. He clarified that Tong was not the person who filed the police complaint that led to the investigation, and there was no evidence to suggest she accessed the system for personal gain.
Despite the acquittal, Tong’s lawyer, Stephen Char Shik-ngor, requested costs for his client, arguing that the case had been unjustifiably delayed for over nine months. Char maintained that Tong’s actions were driven by a just cause and defended her use of a pseudonym as a whistleblower.
The magistrate, however, pointed out that Tong had spread rumors based on hearsay evidence without first filing a complaint with the relevant authorities. While acknowledging the legal complexities involved, the court found that the prosecution had taken a reasonable amount of time to consider the charges.
This case comes in the wake of other child abuse scandals in Hong Kong involving charitable organizations such as Po Leung Kuk and the Hong Kong Society for the Protection of Children. The government has responded by proposing a bill that would require social workers, teachers, and healthcare professionals to report suspected child abuse cases, with penalties for non-compliance.
In conclusion, Tong Yat-man, a Hong Kong teacher, has been acquitted of child abuse allegations due to insufficient evidence. However, the court denied her request for legal cost reimbursement based on her conduct during the proceedings. This case highlights the need for stricter reporting requirements in child abuse cases and raises awareness about the potential consequences of making false allegations.
