Criminal records and the Rehabilitation of Offenders Ordinance

The RHO and Sexual Conviction Record Check Scheme

Under the Sexual Conviction Record Check Scheme, prospective employers of persons undertaking child-related work or work relating to mentally incapacitated persons can ask the prospective employee to undergo a sexual conviction record check. The check covers convictions under sections 47 to 126 of the Crimes Ordinance (Cap.200). Offences under these sections range from rape to indecent conduct towards a child under sixteen years of age. This scheme is intended to help employers better assess the suitability of persons applying for work with children or mentally incapacitated persons for that employment. It is therefore available only to prospective employees seeking work which provides services to children or mentally incapacitated persons, such as teachers, school janitors, school bus drivers, or bus assistants. Employers may communicate with the prospective employee to confirm whether their daily duties involve frequent contact with children or mentally incapacitated persons and, with the prospective employee’s consent, request the check. 

Starting from 16 December 2024, the scope of the Scheme has been expanded to include prospective self-employed persons, such as private tutors and personal caregivers. The definition of employers has also been broadened beyond organisations or companies to include individuals, such as parents. Following this, the government will continue expanding the Scheme, with the aim of including volunteers on 15 December 2025, and eventually extending it to all existing employees and self‑employed persons once the expanded system operates smoothly. 

Prospective employees may apply for the check at the Sexual Conviction Record Check Office at Police Headquarters in Wan Chai. Alternatively, they may submit the application form, upload documents, pay the fee, and book a fingerprinting appointment via the Police’s online services platform. Fingerprinting can be done at Police Headquarters or designated 24‑hour police stations. Applications submitted or renewed on or after December 16, 2024, will be valid for 36 months, while applications submitted before that date will be valid for 18 months. Prospective employees may apply for renewal during the final three months of the validity period, entirely online, without needing to visit the police headquarters in person. However, if the validity period has expired, a new application must be submitted.  

Whether or not there are such convictions is disclosed only to the prospective employee. After successfully submitting fingerprints, the prospective employee will receive a letter containing a unique enquiry code. They may provide this code and the first four digits of their identity document to the prospective employer, who can then use an automated telephone enquiry system to check the result. During the validity period (36 months for applications submitted or renewed on or after December 16, 2024; 18 months for applications submitted before that date), the applicant and any authorised employers will have unlimited access to the check results. 

The prospective employer will only be informed whether the prospective employee has a conviction record for offences under sections 47 to 126 of the Crimes Ordinance. No further details of the conviction will be disclosed. Convictions that are regarded as “spent” under Section 2(1) of the Rehabilitation of Offenders Ordinance, including sexual offences, are also not included in the disclosure. Please note that the enquiry code and result are confidential, and employers must safeguard the applicant’s personal data and must not disclose or share it with third parties. 

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