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The 16th International Symposium of the World Society of Victimology 2018

“Victim-Victimizer Relationship:

Financial Abuse of Older People in Hong Kong”

Dr. CHOW Kit Ling LinaDepartment of Social Work

Hong Kong Shue Yan University

Introduction

In Hong Kong, population ageing has been a growing trend. As people become very

old, frail or ill, they often invite family members to include his / her name in the

bank account, which then becomes a “joint bank account”. Many people are not

aware that withdrawing money from joint bank account without authorization is

committing the criminal offence of theft.

Financial abuse of older people by family members is prevalent in Australia, UK,

& USA (Adams et al., 2014; Bagshaw, 2013). In Hong Kong, financial abuse ranks

second (following after physical abuse) among the various types of elder abuse. It

represents 17% of the total abuse cases of older people from 2005 to 2016 (Social

Welfare Department, various years). Most victims do not report to the police, &

there is only limited knowledge in this area.

Research Aim

This study attempts to adopt the Routine Activity Approach (Felson & Boba, 2010;

Setterlund et al., 2007) to analyze the situation of financial abuse of older persons in

terms of “joint bank account” in the context of Hong Kong.

Case materials are drawn from the existing reported judgements of the Hong Kong

law courts. The family dynamics as embedded in the financial abuse of older people

by their family members will be investigated in this study.

Ageing Population & Prevalence of Dementia in Hong Kong

1. Tremendous increase in the old-old population

During the period of 2006 - 2016

*aged 65+ : male increased by 38%; female increased by 35%

*aged 80+ : female increased by 59%; male increased by 81%

*aged 85+ : female increased by 83%; male increased by 105%

Department of Health (2017) Hong Kong Reference Framework for Preventive Care of

Older Adults in Primary Care Settings:

*Prevalence of dementia in the 80-84 age-group: 12.2% for male; 24% for female

*In the 85+ age-group: 56,099 older persons with dementia

This represents 33.1% (19,533) for male & 32% (36,566) for female.

*In the 65+ age-group: 125,479 older persons with dementia

(being 42,505 older men & 82,974 older women)

*More older women suffer from dementia than their male counterparts.

2. Prevalence of Dementia

‘Without Living Spouse’ includes ‘never married’, ‘widowed’, ‘divorced’, & ‘separated’

*In 2016, there are 426,143 Older Persons (aged 65+) Without Living Spouse

(being 106,727 older men & 319,416 older women)

*Rates: aged 65-74: male is 15%; female is 35%

aged 75-84: male is 21%; female is 59%

aged 85+: male is 40%; female is 83%

*Figures: aged 65-74 : 46,303 male; 107,745 female

aged 75-84 : 36,819 male; 116,839 female

aged 85+ : 23,605 male; 94,842 female

3. Older Persons Without Living Spouse

Financial Abuse of Older Persons & Routine Activity Approach

I. Definition of Financial Abuse

“Financial abuse is any act which involves depriving an elderly person of his / her wealth,

or not acting in his / her interests, including getting an elderly person’s possessions, money or

assets (such as property and public housing tenancy) without his / her consent” (Social

Welfare Department 2006: 5).

II. Financial Abuse of Older Persons in Hong Kong

*Gender difference

More older women are financially abused than their male counterparts.

Average no. (2005 - 2017): Female = 46; Male = 30

*Proportion

Likewise, the percentage of older women being financially abused are higher than their

male counterparts. Average proportion (2005 - 2017): 14%

Routine Activity Approach

This approach was developed by Lawrence E. Cohen & Marcus Felson

in 1979, with its focus on the characteristics of crime instead of the

characteristics of the offender. It offers well explanations about the

opportunities for crime as arising through a person’s daily routine

activities to meet his / her needs. It is classified as belonging to

‘Environmental Criminology’.

*Routine Activity

Crime events are closely associated with “conventional legal activities,

including patterns of work, school, and household life” (Felson 2017b:

87).

*Inner Triangle

“Each crime event requires a physical convergence of three elements: a likely

offender, a suitable target and the absence of a capable guardian against a

crime” (Felson 2017b: 87).

“A guardian is not usually a police officer or security guard. Usually the

guardian against crime is anybody whose presence or proximity discourages

crime” (Felson 2017b: 88-89).

“With a guardian present, the offender avoids attempting to carry out an

offence in the first place” (Felson & Boba 2010).

*Outside Triangle

Crime can be reduced or prevented with the outside triangle which “depicts three sorts of

supervisors: the handler, the guardian and the place manager. The handler supervises the

offender, the guardian supervises the target and the manager supervises the crime setting”

(Felsons 2017b: 93).

*A handler (e.g. parents, teachers, friends, football coach) has emotional investment with

potential offenders; controls their criminal behavior.

*A place manager (e.g. shopkeepers, homeowners) secures a place / crime setting; discourages

crime from happening.

“In sum, the offender moves away from handlers toward a place without a manager and a target

without a guardian” (Felson & Boba 2010).

*This approach is simple & practical for crime prevention: “Targets can be made less suitable,

guardians more capable, place managers more observant, and handlers more effectives…..”

(Chamard 2010: 222).

Methodology

The evidence in this study is mainly relied on reported cases in the Hong Kong Legal

Information Institute (www.hklii.org). The author has conducted a search on relevant

reported cases on October 24, 2017. The search criterion is the exact phrase of “joint

account”. The databases include Court of Final Appeal, Court of Appeal, Court of First

Instance, and District Court. Consequently, a total of 427 cases is identified.

Each case is scanned under 4 criteria :

(i) there is a joint bank account;

(ii) the bank account belongs to an older person;

(iii) the bank account is managed jointly by an older person & another person;

(iv) another person has transferred money from the joint account to another account or

withdraw money without the authorisation of the older person.

Consequently 16 cases are selected for the purpose of this study.

Findings

Victim’s Invitation

Felson & Boba (2010) The predatory sequence often works like:

1. A likely offender enters a setting.

2. A suitable target enters too.

3. A guardian leaves.

4. An offender attacks the target.

However, current findings are different from this sequence (Step 1 & Step 2).

The victims take initiative & invite the offenders to open the joint bank account.

Among the selected cases, 73% (8 victims) take initiative & invite the

offenders to open the joint bank account.

27% (3 victims) are invited by the offenders to open the joint bank account.

32% (5 victims) do not have information about who takes the initiative to

open the joint bank account.

Main reasons: Poor health (9 victims) & Advanced age (3 victims).

Conclusion

1. The Routine Activity Approach offers a clear explanation about the occurrence &

prevention of crime, including the financial abuse of older people.

2. Family dynamics is often complex. The majority of the victims take initiative & invite the

offenders to include their names in the bank accounts, & it is difficult to protect the victims

from being victimized by family members. In Hong Kong, the bank does not intervene

even when the offenders withdraw substantial amount of money from the joint bank account

or even though the victims passed away. The situation is particularly worse if there are

overlapping roles (i.e. the offender is also the “guardian” of the victim). Most of these cases

will not go to court unless there are disputes in the estate administration.

3. Overall, the most effective means to tackle financial abuse is to implement “mandatory

bank reporting” in joint bank account involving older persons. With the bank acting as a

“place manager”, the rights of the victims can be safeguarded.

References

Adams, V.M. , Bagshaw, D., Wendt, S., & Zannettino, L. (2014) Financial abuse of older people by a

family member: A difficult terrain for service providers in Australia. Journal of Elder Abuse and

Neglect, 26(3), 270-290.

Bagshaw, D., Wendt, S., Zannettino, L., & Adams, V. (2013) Financial abuse of older people by

family members: Views and experiences of older Australians and their family members. Australian

Social Work. 66(1), 86-103.

Census and Statistics Department (2018) 2016 Population By-Census Thematic Report: Older

Persons. Hong Kong: Census and Statistics Department.

Chamard, S. (2010) “Routine activities”. in McLaughlin, E., & Newburn, T. (eds.) The SAGE

Handbook of Criminological Theory. Los Angeles: SAGE, 210-224.

Eck, J.E. (2010) “Crime Triangles”. in Fisher, B.S. & Lab, S.P. (eds.) Encyclopedia of Victimology

and Crime Prevention. Thousand Oaks: SAGE Publications, Inc..

Felson, M. & Boba, R. (2010) Crime and Everyday Life. Thousand Oaks: SAGE Publications, Inc..

Felson, M. (2017a) “Criminology’s first paradigm”. in Tilley, N. & Sidebottom, A. (eds.) Handbook

of Crime Prevention and Community Safety. London: Routledge, 22-31.

Felson, M. (2017b) “The Routine Activity Approach”. in Wortley, R., & Townsley, M. (eds.)

Environmental Criminology and Crime Analysis. London: Routledge, 87-97.

Primary Care Office, Department of Health (2017) Hong Kong Reference Framework for Preventive

Care of Older Adults in Primary Care Settings, Hong Kong: Department of Health.

Jackson, S.L. & Hafemeister, T.L. (2015) The impact of relationship dynamics on the detection and

reporting of elder abuse occurring in domestic settings. Journal of Elder Abuse and Neglect, 27(2), 121-

145.

Setterlund, D., Tilse, C., Wilson, J., Mccawley, A.L., & Rosenman, L. (2007) Understanding financial

elder abuse in families: The potential of Routine Activities Theory. Ageing and Society, 27(4), 599-614.

Social Welfare Department (2005 - 2017) Statistics on Elder Abuse Cases. Hong Kong: Social Welfare

Department.

Social Welfare Department (2006) Procedural Guidelines for Handling Elder Abuse Cases. Hong Kong:

Social Welfare Department.

Tilse, C., Wilson, J., Setterlund, D., & Rosenman, L. (2007) Managing the financial assets of older

people: Balancing independence and protection. British Journal of Social Work, 37(3), 565-572.

Wendt, S., Bagshaw, D., Zannettino, L., & Adams, V. (2015) Financial abuse of older people: A case

study. International Social Work, 58(2), 287-296.

Wilson, J., Tilse, C., Setterlund, D., & Rosenman, L. (2009) Older people and their assets: A range of

roles and issues for social workers. Australian Social Work, 62(2), 155-167.

Thank You!