The existing child neglect law offers effective protection for children and the Government has no plan to make leaving them unattended at home a crime, Secretary for Labour & Welfare Matthew Cheung says.

In a written reply to lawmaker James Tien's question today, Mr Cheung said the criminal provisions for handling child neglect in the UK, Canada, Australia and Singapore are similar to those in Hong Kong's Offences Against the Person Ordinance. These jurisdictions do not have separate provisions which make leaving children unattended at home a criminal offence.

"The existing legislation on child neglect focuses on whether a certain conduct has caused harm to the child, whether the person involved has a duty of care, whether they have an intent to neglect the child and is aware of the possible harm done to the child due to such conduct, irrespective of where the child is located. We believe such an approach can offer more effective protection for children, and there have also been successful prosecutions," he said.

Between 2005 and the first half of 2007 Police prosecuted 10 parents who left their children unattended at home, with six convicted and four given bind-over orders.

Proposal not viable

Mr Cheung said the proposal to make leaving children unattended at home a criminal offence, though well-intended, may not achieve its desired objective.

"Some parents may seek to circumvent the legal responsibility by asking their children to wait outside their homes or wander in shopping centres and on the streets. These situations cannot be prevented by making it a criminal offence to leave children unattended at home."

Police handled 49 "home-alone" cases in 2005-07. The cases found children were left unattended at home by their parents for different reasons.

"It is the responsibility of parents to take care of their young children. It is extremely dangerous to leave young children at home alone. Apart from legislation, it is more important to step up public education and remind parents of their responsibilities in looking after their children and the danger of leaving young children unattended at home. The administration and non-governmental organisations will also provide assistance and support to families in need to minimise the incidence of children being left unattended at home."