Scope
Q.1 | Who is eligible to apply for the Sexual Conviction Record Check (SCRC)? | |
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A.1 |
Eligible persons to apply for SCRC check include: An “eligible applicant” under the scheme means (1) prospective employees, (2) contract renewal staff and (3) prospective self-employed persons undertaking child-related or MIP-related work for individual employers (e.g. parents who engage private tutors for their children or MIPs), organisations or enterprises (including schools, residential care homes for disabled persons, private tutorial centers and private interest/activity institutions, e.g. swimming clubs, ball games clubs, music centers, etc.). To further enhance the protection of children or MIPs, the Government plans to expand the scope to further cover volunteers, existing employees and self-employed persons in phases. The Government will make the announcement in the fullest of time. “Child-related or MIP-related work” is defined as work where the usual duties involve, or are likely to involve, frequent or regular contact with children or MIPs. In general, the usual duties of the relevant work may conform to one of the following criteria:
In accordance with the definition of “work” as stipulated in the “Interim Proposal” by LRC, the word “work” should be given a widen meaning, and should include work carried out by an individual:
(a) under a contract of employment or apprenticeship; Applicants under the age of 18 should always obtain the consent from their parent or guardian when submitting their applications or for any further procedures. The parent or guardian should sign on all required documents to confirm that such procedures are processed with their consent on a fully informed basis. If the applicants under the age of 18 submit the application online, the parent/ guardian consent form should be uploaded. | |
Q.2 | What posts are covered under the SCRC scheme? | |
A.2 |
In principle, only applicants who undertake child-related or MIP-related work (where the usual duties involve regular contact with children or MIPs) can undergo SCRC at the request of employers. Applications for the check should be submitted by the eligible applicants voluntarily. Employers and the applicant should communicate with each other beforehand to ascertain that the usual duties of the post involve, or are likely to involve, frequent or regular contact with children or MIPs. In general, the usual duties of the relevant work may conform to one of the following criteria:
The expanded SCRC Scheme will cover a wide range of work/activities. Since employers possess better knowledge of the mode and environment of the work/activities concerned, they should, in the light of the actual situation, exercise their professional judgment and make full consideration as to whether checking is needed. | |
Q.3 | Will existing contract staff be requested to undergo SCRC like prospective employees during renewal of contracts? | |
A.3 |
At present, contract renewal staff who undertake child-related or MIP-related work in organisations or enterprises have been covered by the scheme. The employers may request those staff to apply for SCRC before the renewal of the contracts. (For the time being, the scheme does not apply to existing staff without the need of contract renewal.) | |
Q.4 | With regard to staff assigned by outsourced service provider to work frequently/regularly at an organisation or enterprise (such as, tutors of interest classes, security staff or cleaners), can the organisation or enterprise request them to undergo the check? | |
A.4 |
At present, the staff assigned by outsourced service provider to work frequently/regularly at an organisation or enterprise for child-related or MIP-related work have been covered by the scheme. The organisation or enterprise can request staff of the outsourced service provider to be deployed to work at the organisation or enterprise to undergo the check, and request the outsourced service provider to pass the check result to the organisation or enterprise in written format. Prior approval from the relevant staff for such arrangement should be obtained. The organisation or enterprise should include a specific requirement for SCRC of the staff in the tender document and/or contract. To facilitate the Police to verify whether the applicant’s work falls under the scope of SCRC, the outsourced service provider should issue documentary proof to the relevant staff so that they can apply for the SCRC from the Police voluntarily. However, if the services provided by the outsourced service provider does not involve frequent or regular contact with children or MIPs, and the work of their staff at the organisation or enterprise is monitored properly, e.g. short-term maintenance workers, delivery assistants, speakers of public lectures, guest performers employed through outsourced contracts by the organisation or enterprise, the staff concerned do not need to undergo SCRC. Also, we do not suggest organisation or enterprise to request these staff to undergo SCRC. In any event the organisation or enterprise has the responsibility to adopt reasonable measures to protect children and MIPs from sexual abuse, e.g. monitoring the work of the above-mentioned staff. The checking itself cannot take the place of prudent selection and employment practice , as well as proper supervision. | |
Q.5 | If an organisation or enterprise request outsourced service provider to undergo SCRC, should the organisation or enterprise make such request for checking at the tendering stage? | |
A.5 |
Generally speaking, we encourage the outsourced service provider should as far as possible request their relevant staff to conduct the check before they are deployed to provide services to the organisation or enterprise. The outsourced service provider should, in the light of the actual situation, exercises their professional judgment to make the most appropriate arrangement since there may be staff change within the outsourced service provider. | |
Q.6 | Can an individual employer, an organisation or enterprise request self-employed persons (such as, private tutor, drivers of nanny vans, sports coaches, etc.) to undergo SCRC? | |
A.6 |
Starting from 16 December 2024, the scope of SCRC has been expanded to cover “prospective” self-employed persons, including but are not limited to, private tutors, music teachers and sports coaches, undertaking child-related or MIP-related work for individual employers (e.g. parents who engage private tutors for their children or MIPs). The individual employers, such as parents, may request the applicant to undergo SCRC at the advanced stage of the employment. The Government plans to expand the scope to further cover volunteers, existing employees and self-employed persons in phases. The Government will make the announcement in the fullest of time. | |
Q.7 | If an organisation or enterprise has to engage persons to undertake work that requires frequent contact with children or MIPs, must the organisation or enterprise demand their employees who are eligible for the check to undergo SCRC? | |
A.7 |
The scheme is voluntary in nature. The employers themselves may decide whether SCRC is necessary after assessing the risks of individual work/activities. On the other hand, since it is of paramount importance to safeguard the well-being of children and MIPs, we recommend organisation or enterprise, when engaging persons to undertake child-related or MIP-related work, to ascertain through the scheme whether the applicants have any sexual conviction records, so that employers may make decisions relating to staff appointment on a fully informed basis. | |
Q.8 | Can an organisation or enterprise only request male employees to undergo SCRC? | |
A.8 |
We suggest organisation or enterprise engaging persons, regardless of their sex, who undertake child-related or MIP-related work to undergo SCRC in order to protect children and MIPs from sexual abuse. | |
Q.9 | Can an organisation or enterprise request existing staff to undergo SCRC? | |
A.9 |
At present, existing staff are not covered by the scheme. An “eligible applicant” under the scheme means (1) prospective employees, (2) contract renewal staff and (3) prospective self-employed persons undertaking child-related or MIP-related work for individual employers (e.g. parents who engage private tutors for their children or MIPs), organisations or enterprises (including schools, residential care homes for disabled persons, private tutorial centers and private interest/activity institutions, e.g. swimming clubs, ball games clubs, music centers, etc.). To further enhance the protection of children or MIPs, the Government plans to expand the scope to further cover volunteers, existing employees and self-employed persons in phases. The Government will make the announcement in the fullest of time. | |
Q.10 | At this stage, can parents check the sexual conviction record of the private tutors they hired? | |
A.10 |
Starting from 16 December 2024, the scope of SCRC has been expanded to cover “prospective” self-employed persons, including but are not limited to, private tutors, music teachers, sports coaches, persons providing door-to-door services, etc, undertaking child-related or MIP-related work. Employers will no longer be limited to organisations or enterprises, but will also include individual, such as parents. In this connection, the parents may request the prospective private tutor to undergo SCRC at the advanced stage of the employment. | |
Q.11 | If a private tutor/ private coach has been working for my children for many years, can I ask them to undergo SCRC? Can volunteers apply for the check? | |
A.11 |
At present, existing self-employed persons and volunteers are not covered by the scheme. However, to further enhance the protection of children or MIPs, the Government plans to expand the scope to further cover volunteers, existing employees and self-employed persons in phases. The Government will make the announcement in the fullest of time. | |
Q.12 | If I am self-employed and intend to undertake child-related or MIP-related work, can I apply for the check? | |
A.12 |
If your usual duties involve, or are likely to involve, frequent or regular contact with children or MIPs, you can apply for the check on a voluntary basis on the request of the employer (including individual employer, organisation or entreprise). You should submit a documentary proof of employment issued by the employer (template), otherwise we are unable to accept your application without a valid documentary proof. |
Application Procedures
Q.13 | If an employee who is an eligible applicant under the scheme applies for the check voluntarily, the employer, however, considers it unnecessary and refuses to issue a documentary proof. Can the employee still apply for the check? | |
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A.13 |
The documentary proof of employment is essential for the verification of the applicant undertaking child-related or MIP-related work and the acknowledgement of the employer’s full understanding of the terms and conditions stipulated in the Note to Employers. Hence, if the applicant cannot produce a documentary proof of employment from the employer, his application will not be accepted. The applicants should communicate with the employers beforehand to ascertain whether there is a need to apply for check. | |
Q.14 | Can applicants submit an application to the SCRC Office directly without an appointment? | |
A.14 |
No. Applicants must make an appointment through the Online Booking System. Walk-in application will not be entertained. Starting from 16 December 2024, eligible new applicants or applicants whose accounts are ready for renewal can apply online. Please click here to the Online Applications Platform. | |
Q.15 | How can an applicant make payment for the check? | |
A.15 |
The prescribed fee for SCRC new application and renewal application are HK$140 and HK$93 per person respectively. For applicants apply in person, payment can be made by Octopus card, EPS or FPS at the SCRC Office or in cash at the Police Shroff. For online applicants, payment methods, including credit card, FPS and PPS, are accepted in the Online Applications Platform. | |
Q.16 | If an applicant does not have a conviction record against the specified list of sexual offences, can the applicant request the Police to give him a “clean” record in writing? | |
A.16 |
No. If an applicant does not have a conviction record against the specified list of sexual offences, the Police will not issue any written confirmation. | |
Q.17 | Can an applicant submit renewal application after the validity period has expired? | |
A.17 |
No. The applicant should submit application for extending the validity period within the last three months of the validity period. Fresh application will be required once the application has expired. | |
Q.18 | How can an employee prevent employers from abusing the checking code which he has passed to multiple employers or leaking his checking code? | |
A.18 |
Employers should neither pass the checking code, the check result or other personal data of the applicant to any unrelated person, nor use the personal data for any purpose other than the intended recruitment or employment purpose. An employer failing to do so shall be liable under the Personal Data (Privacy) Ordinance (Cap 486, Laws of Hong Kong). Employers before conducting the check should read the Notes to Employers to fully understand the terms and conditions of the service including responsibilities contained therein. The applicant should keep a record of the employers to whom he has passed the checking code. In the event that leakage of checking code beyond his control is suspected, the applicant should inform the SCRC Office at 3660 7497 at the earliest convenience. The original checking code will be invalidated and a new one will be provided upon the authentication of the applicant’s identity. For the purpose of personal data privacy protection, an applicant is encouraged to withdraw his checking account once he no longer requires the check result (the applicant should submit the withdrawal application to the SCRC Office through Online Application Platform or in person ). | |
Q.19 | Can applicant use any smart devices to submit fingerprints? | |
A.19 |
No. At present, the technology for fingerprints verification on the smart devices is not up to the standard for criminal record check. In this regard, the applicants are required to have their fingerprints taken by professional device in person at designated location in order to ensure accuracy of the check result. | |
Q.20 | Should the applicants need to submit the original copies of the documents to the SCRC Office and obtain the letter with the unique checking code in person if they apply online? | |
A.20 |
The applicants are not required to submit the original copies of the documents to the SCRC Office in person or through mails and emails if they have submitted the applications online. Nevertheless, the applicants should have their fingerprints taken in person by appointment at the SCRC Office or the 24-hour designated Police Stations. If the applicants have successfully submitted their fingerprints, the SCRC check result will be uploaded to the ATAS within five working days. At the same time, the online applicant can download the letter with the random 14-digit computer generated unique checking code on the Online Applications Platform. | |
Q.21 | How can the applicants benefit from using “iAM Smart” for the submission of application online? | |
A.21 |
Available personal data will be automatically filled on the online application form if the applicants apply with their “iAM Smart” accounts which can save more time. “iAM Smart +” users can also submit the renewal application within the last three months of the validity period online. The renewal application can be completed entirely online, without having to visit the Police Headquarters in person. | |
Q.22 | What the applicants should do if they have been informed of his failure in the submission of the fingerprints? | |
A.22 |
The applicant who has been informed of his failure in the submission of the fingerprints (e.g. poor quality of the fingerprints), a link for making an appointment for re-taking the fingerprints by ink at the SCRC Office will be sent to the applicant through the Online Applications Platform. The applicants only need to attend the Office according to the appointment for the relevant procedure. Please contact the SCRC Office on 3660 7497 for questions. |
Checking by Employers
Q.23 | Does the employers have legal responsibility if they do not conduct SCRC for the persons undertaking child-related or MIP-related work? | |
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A.23 |
The scheme is voluntary in nature. The employers themselves may decide whether SCRC is necessary after assessing the risks of individual work/activities. In any event the employers hold the responsibilities to put in place all possible measures to safeguard the children and the MIPs from sexual abuse. We suggest the employers should consider the circumstances of individual activities and assess the actual need for checking of the eligible applicants. | |
Q.24 | Can employers specify in the recruitment advertisement that job applicants will be requested to undergo SCRC? | |
A.24 |
With the premise of protecting the well-being of children and MIPs, where the job involves frequent contact with these people, employers engaging persons to undertake child-related or MIP-related work may specify in the recruitment advertisement that job applicants may be requested to undergo SCRC. | |
Q.25 | Can employers request all job applicants to undergo the check once the application for the job has been closed? | |
A.25 |
To avoid collecting excessive personal information, employers should request applicants to undergo SCRC at an advanced stage of the selection process, for example, not until suitable applicants have been shortlisted for interview or have confirmation their intention to employ the applicants. | |
Q.26 | If an applicant refuses to undergo the check, can the employers not offer him employment on this ground? | |
A.26 |
The scheme is voluntary in nature. The employers themselves may decide whether SCRC is necessary after assessing the risks of individual work/activities. Employers and the applicant should communicate with each other beforehand to ascertain that the usual duties of the post involve, or are likely to involve, frequent or regular contact with children or MIPs. Applications for the check should be submitted by the eligible applicants voluntarily. Hence, the employers should state in the items related to the recruitment or renewal employment contract the consequence the applicant may face if he refuses to undergo the check. Therefore, if the applicant refuses to undergo the check, the employer have the right not to employ him or make proper arrangements, such as redeployment him to other positions with lower risk. | |
Q.27 | If an employer requests eligible applicant to undergo the check, will this constitute a breach of human rights? | |
A.27 |
No. The Government has a constitutional duty under the International Covenant on Civil and Political Rights (ICCPR) to protect children from sexual exploitation. Differential treatment between different types of offenders is permissible under the Hong Kong Bill of Rights Ordinance if the criteria for such differentiation are reasonable and objective and if the aim is to achieve a purpose which is legitimate under the ICCPR. The SCRC Scheme provides employers with a reliable channel through which they can ascertain at the time of recruitment whether the persons to be appointed have any relevant conviction records, and take this into account as one of the factors for appointment. This can help employers assess the suitability of prospective employees for the child-related or MIP-related positions. It is a reasonable, responsible and necessary measure that minimises the risks of children or MIPs being sexually abused. | |
Q.28 | If the applicant comes from an area outside Hong Kong, can the employer requests him to undergo the check? | |
A.28 |
If the applicant comes from an area outside Hong Kong, the employer can still request him to undergo the check. The employer, however, should understand that the SCRC scheme does not cover overseas sexual conviction record; the check result only covers local conviction record of the applicant. We suggest an employer to request the applicant to provide certificate of no criminal conviction or other equivalent lawful documentary proof issued by their place of residence prior to employment, so as to ascertain that the applicant does not have overseas sexual conviction record. | |
Q.29 | Should the employer sign the employment contract with the applicant or allow him to undertake relevant duties only after the check result is available? | |
A.29 |
It is of paramount importance to safeguard the well-being of children and MIPs. The check results are important references for the employer to assess whether the applicants are suitable for the posts. Therefore, the employer should wherever possible sign the employment contract with the applicant or allow him to undertake the relevant duties only after the check result is available. Generally speaking, if an applicant does not have a sexual conviction record, the check result will be uploaded onto the ATAS within five working days after successful of the submission of fingerprints. To meet pressing operational need, the employer may sign the contract with the applicant or allow him to undertake the relevant work before the check result is available. The employers should adopt reasonable and feasible measures in this situation, such as requesting the applicant to declare in writing on whether he has or does not have sexual conviction record, and confirm with the check result when it is available. Later, if the applicant is found, via the check, to have intentionally provided false information or withheld material information, the employer may take disciplinary action according to the terms and conditions stated in the relevant documents (such as application form, employment contract, etc.). | |
Q.30 | If an applicant is seeking child or MIP-related work and has applied for checking and obtained a checking code while he is seeking other work that does not involve frequent contact with children or MIPs, can the employer request him to provide his checking code for accessing the check result? | |
A.30 |
No. An employer should not demand the applicant to apply for the SCRC or provide the checking code if the latter is not involved in child-related or MIP-related work. | |
Q.31 | How can an employer verify that the checking code provided by the applicant belongs to him? | |
A.31 |
Upon acceptance of the application for SCRC, the Police will issue a letter to the applicant stating the applicant’s name and the checking code. Employers can verify the applicant’s name so as to ascertain that the checking code belongs to the applicant based on the information on the letter. In case of doubt, the employer may make an enquiry by calling the SCRC Office at 3660 7497. | |
Q.32 | An employer cannot access the ATAS despite multiple attempts. What would be the reasons? | |
A.32 |
Employer can only access the ATAS by a telephone with activated caller display function. All access to the check result will be audit logged by the ATAS. If the ATAS still cannot be accessed by a telephone with activated caller display function, the employer is advised to contact an SCRC officer at 3660 7497. | |
Q.33 | What are the types of check results? Which one will confirm that the applicant has a completely clean sexual conviction record and is not involved in any outstanding cases? | |
A.33 |
Generally speaking, one of the following messages will be given as the check result in the ATAS:
The above first check result (i.e. the applicant “does not have” a conviction record against the specified list of sexual offences) represents that the applicant does not have any sexual conviction record and is not involved in any outstanding cases. | |
Q.34 | If an applicant has a sexual conviction record against the specified list of sexual offences, can the employer access the details of the conviction record? | |
A.34 |
The message in the ATAS will not disclose details of the conviction record of the applicant. If an applicant has a conviction record against the specified list of sexual offences, the Police will provide the applicant the sexual conviction record in writing. Employers should obtain a copy of such records from the applicant direct when necessary. | |
Q.35 | How can the employer record that he has accessed the check result? | |
A.35 |
A transaction number will be provided for each successful access to the check result. The employer may note down the transaction number for record purpose. |