4. The RHO and Sexual Conviction Record Check Scheme
Under the Sexual Conviction Record Check Scheme, prospective employers of persons undertaking child-related work and work relating to mentally incapacitated persons can ask the prospective employee to undergo a sexual convictions record check. This scheme helps employers better assess the suitability of persons applying for work with children or mentally incapacitated persons for that employment.
The Scheme is available only to prospective employees seeking work which provides services to children or mentally incapacitated persons: teachers, cleaners, school bus drivers and bus assistants, for example.
The prospective employee can apply at the Sexual Conviction Record Check Office at Police Headquarters in Wan Chai. The check covers convictions under sections 47 to 126 of the Crimes Ordinance (Cap.200) . The offences under these sections range from rape to indecent conduct towards a child under sixteen years of age. Whether or not there are such convictions is disclosed only to the prospective employee, who may then authorise the prospective employer to check the result through an Auto Telephone Answering Service. The prospective employer is told either that the prospective employee has a conviction record for offences under sections 47 to 126 of the Crimes Ordinance or that there is no conviction record for these offences. Details of any convictions are not disclosed. Convictions for offences (including sexual offences) which have become spent under s. 2(1) of the RHO will not be disclosed.