Notes to Employers
- The Sexual Conviction Record Check (SCRC) is an administrative scheme to enable employers of persons undertaking child-related work and work relating to mentally incapacitated persons (MIPs) to check whether eligible applicants have any criminal conviction records against a specified list of sexual offences at Appendix. This scheme serves to help employers assess the suitability of eligible applicants for child or MIP-related work and afford better protection to children and MIPs from sexual abuse. Nevertheless, the scheme cannot take the place of prudent employment practice and proper parental supervision.
- An employer should not demand his employee to apply for the SCRC if the usual duties of the applicant do not involve child or MIP-related work. Any person who seeks to abuse the scheme may be liable under Personal Data (Privacy) Ordinance (Cap 486, Laws of Hong Kong).
- The scheme is only applicable to eligible applicants seeking child or MIP-related work in an organisation or enterprise. The definition of “work” covers services provided to an organisation or enterprise under a contract of employment, apprenticeship or on a self-employed basis. “Child 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:
- providing services mainly for children or MIPs (such as, teachers, tutors working in tutorial centres, tutors of interest classes, social workers looking after children, paediatricians and nursing staff, tutors working in special schools, etc);
- working in premises that provide services for children or MIPs (such as, general staff or assistants, librarians and cleaners in schools or tutorial centres, etc); or
- involving frequent or regular contact, in particular unmonitored contact, with children or MIPs (such as, permanently-hired school bus drivers, assistants of children activities, etc).
- Employers of organisations or enterprises, when engaging persons to undertake work that requires frequent contact with children or MIPs, may request the eligible applicants to undergo SCRC. Applications for SCRC should be submitted by the eligible applicants on a voluntary basis to the SCRC Office of the Police. Consent of the eligible applicants to allow the check result to be disclosed through the Auto-Telephone Answering System (ATAS) will be required.
- In order to facilitate the application for SCRC, employers are required to provide the eligible applicants with a documentary proof of possible employment related to children or MIPs (Template) for submission to the SCRC Office, with the employer’s acknowledgement that he has read the Notes to Employers and fully understood the terms and conditions of the service including his responsibilities contained therein. Employers should only issue such documentary proof to the eligible applicants at the advanced stage of the employment or contract renewal process. In all events, SCRC should not be used to screen candidates at an early stage of employment process.
- Employer(s) authorised by an applicant will be able to access the check result through the ATAS at 3660 7499 by entering the first four digits of the applicant’s HKID card number together with a random 14-digit computer generated unique checking code provided by the SCRC Office to the applicant upon acceptance of the application. A transaction number will be provided for reference whenever the result is checked. The ATAS cannot be accessed by a telephone with the caller display function disabled.
- One of the following messages will be given in the ATAS as the check result:
- The applicant (with no name mentioned) “has” a conviction record against the specified list of sexual offences as at a particular date;
- The applicant (with no name mentioned) “does not have” a conviction record against the specified list of sexual offences as at a particular date; or
- Result of the check is withdrawn upon the applicant’s request. Please contact the applicant for the details.
- To cater for special cases, the callers may be directed by an ATAS message to contact a SCRC officer for the status of an applicant.
- If an applicant does not have a conviction record against the specified list of sexual offences, no written confirmation will be issued by the Police. If the applicant has conviction record(s) against the specified list of sexual offences, the Police will provide the applicant with the concerned sexual conviction record(s) in writing, but the message in the ATAS will not disclose details of conviction record(s). Employers should enquire about such record(s) from the applicant direct.
- Criminal conviction record(s) outwith the specified list of sexual offences or record(s) of conviction for sexual offence(s) that is regarded as “spent” under section 2 of the Rehabilitation of Offenders Ordinance (Cap 297, Laws of Hong Kong) will not be disclosed in the check result. Overseas conviction records will not be covered.
- After the uploading of check result onto the ATAS and throughout the validity period of the checking code, an applicant’s check result will be updated on a daily basis to see whether he has become a wanted person, or been newly arrested or charged with any of the specified list of sexual offences. Once confirmed, the SCRC Office will contact the applicant for arrangements to complete the necessary formalities, and the ATAS will no longer reveal a “clean” record for these applicants.
- The purpose of the SCRC is to enable employers of persons undertaking child or MIP-related work to check whether eligible applicant(s) has any sexual conviction record(s). 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. All access to the check result will be audit logged by the ATAS. Any person who uses the sexual conviction record or other personal data obtained for any purpose other than the intended purpose when the data is first collected may be liable under the Personal Data (Privacy) Ordinance (Cap 486, Laws of Hong Kong).
- For enquiries on our services, please write to us or call at the telephone line 3660 7497 or fax at 2200 4479. Our e-mail address is [email protected]
Release of result
Handling of personal data