Law, Politics and Humanities

A big public outcry erupted in Hong Kong recently over a case in which a charge of sexual assault against a former superintendent of the Bridge of Rehabilitation , a home for the mentally disabled, was dropped by the prosecution on the grounds that the victim – a 21-year-old woman with a mental age of eight – was unfit to give evidence due to post-traumatic stress. There has been evidence that people with mental or intellectual disabilities are more likely to be subjected to sexual abuse and violence. And to get justice done, they often face more barriers than others. Their disabilities may make it difficult for them to recall facts, describe what happened and communicate with others, and that does not include the huge psychological stress victims experience in such a situation. Others’ insensitivity, disbelief, stereotyping and dismissive attitudes are also hindering factors. In some instances, the defence takes advantage of this to challenge the credibility of the victim’s testimony...

Two years ago, a father killed his 15-year-old autistic son by chopping him 100 times and then attempted to kill himself. He pleaded guilty to manslaughter in July. More than 700 mitigation letters were received and the man was jailed for four years by the High Court [ 1 ]. The judge rightly pointed out that it was a tragedy from every angle. However, the sentence appeared to be light for a planned and intentional killing. It was a case of manslaughter, yet a very sad case. The man saw his autistic son as a “burden” and thought by eliminating that burden”, family life would return to normal. He was reportedly a responsible father and husband, suffering from severe depression due to the condition of his son. We should consider the case with compassion and humanity, but justice should not be overlooked in the interests of the victim whose life was undeservedly taken away. Autism or disability of any sort should never be an excuse for killing. Hopefully, the court would not have sent the...

A man with autism was wrongfully arrested and detained in May (2015) in the investigation of a murder case. Irregularities, impropriety and poor efforts in rectifying the problem on the part of the force have stirred up public outrage. ( EJI report ; SCMP report ; Autism Daily Newscast report ) People with mental and developmental disabilities are particularly vulnerable when facing the law enforcement and criminal justice system, primarily because of their learning and communication challenges and sometimes due to their restrictive and repetitive behaviour, which may seem "strange" or "suspicious". Studies in other countries show people with neuro-disabilities - such as autism and attention deficit hyperactivity disorder - and those with possible-to-borderline intellectual disability are disproportionately represented in the criminal justice system. Cases of mistreatment are not infrequent around the world. Some are brutal, even fatal. Ignorance, insensitivity, a ...

Let everyone bloom! T he United Nations has designated April 2 as the World Autism Awareness Day since 2008. This year, the UN secretary-general calls for more efforts on education programmes, employment opportunities and other measures so people with autism can be realize their full potentials. Autism is an inherent, life-long condition of difficulty in communicating and interacting with others, and the presence of repetitive and stereotyped behaviour and interests. It is a spectrum condition, meaning how these challenges may affect varies from individual to individual. The incidence appears to be on the increase. The latest figures show one in 86, 64, 55 and 38 in the US, UK, Japan and Korea respectively are autistic.[1]  Some estimate there are more than 70,000 people in Hong Kong with autism, while the official estimate is 3,800. [2] However, it is unclear whether the condition is genuinely becoming more prevalent, or whether the increase reflects changes in assessm...

Stories of Parents with Autistic Children in the Search of Mainstream Schools I see inclusion and inclusive education more a matter of ethics: how we learn to live and learn together with diversity.  Arguments against (or at least skeptical about) inclusive education based on the lack of skills among teachers or suitability for the students concerned are, to me, not always convincing.  I believe that these are but technical difficulties or resources problem that can be overcome relatively easily and therefore are not good grounds for depriving any human being  of being treated equally.  Human diversity is just a plain fact.  We all have to learn how to get on with others in an respectful and ethical way.  Isn't it what education is about?     Respect for the equal dignity and moral worth of the persons with disabilities is a demand of ethics.  By protecting equal rights, law is always used to help achieve this end. Law provides p...