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China (Special Administrative Region: Hong Kong) - Consideration of reports submitted by States parties under Article 44 of the Convention on the Rights of the Child: Second periodic report of States parties due in 1997: Addendum [2004] UNCRCSPR 16; CRC/C/83/Add.9(Part I) (24 September 2004)
UNITED NATIONS
|
|
CRC
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|
Convention on the Rights of the Child
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Distr. GENERAL
CRC/C/83/Add.9 (Part I) 24 September 2004
Original: ENGLISH
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COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF
REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE
CONVENTION
Second periodic report of States parties due in
1997
Addendum
CHINA[*]
[27 June 2003]
Part One
HONG KONG SPECIAL ADMINISTRATIVE REGION
CONTENTS
Paragraphs Page
I. GENERAL PROFILE OF THE HONG KONG SPECIAL
ADMINISTRATIVE REGION 1
- 52 5
A. Land and people 1 5
B. General political structure 2 - 27 10
C. General legal framework within which human rights
are protected
28 - 49 15
D. Information and publicity 50 - 52 21
II. GENERAL MEASURES OF IMPLEMENTATION 53 - 70 22
A. Article 4 - Implementation of rights 53 - 62 22
B. Article 42 - Dissemination of the Convention 63 - 68 23
C. Article 44 - Making the report available 69 - 70 25
III. DEFINITION OF THE CHILD (art. 1) 71 - 85 25
IV. GENERAL PRINCIPLES (arts. 2, 3, 6 and 12) 86 - 130 29
A. Article 2 - Non-discrimination 86 - 103 29
B. Article 3 - Best interests of the child 104 - 113 32
C. Article 6 - The right to life, survival and development 114 -
116 36
D. Article 12 - Respect for the views of the child 117 - 130 36
V. CIVIL RIGHTS AND FREEDOMS 131 - 190 39
A. Article 7 - Name and nationality 131 - 137 39
B. Article 8 - Preservation of identity 138 - 142 41
C. Article 13 - Freedom of expression 143 - 146 42
D. Article 17 - Access to appropriate information 147 - 166 43
E. Article 14 - Freedom of thought, conscience and
religion 167 -
168 47
F. Article 15 - Freedom of association and of peaceful
assembly
169 - 174 47
CONTENTS (continued)
Paragraphs Page
G. Article 16 - Protection of privacy 175 - 181 48
H. Article 37 (a) - The right not to be subjected to torture
or
other cruel, inhuman or degrading treatment or
punishment 182 -
190 49
VI. FAMILY ENVIRONMENT AND ALTERNATIVE CARE 191 - 295 51
A. Article 5 - Parental guidance 191 - 196 51
B. Article 18, paras. 1 and 2 - Parental responsibilities 197 -
209 52
C. Article 9 - Separation from parents 210 - 219 55
D. Article 10 - Family reunification 220 - 232 58
E. Article 27, para. 4 - Recovery of maintenance for
the child 233
- 238 60
F. Article 20 - Protection of children deprived of a
family 239 -
253 63
G. Article 21 - Adoption 254 - 265 66
H. Article 11 - Illicit transfer and non-return 266 69
I. Article 19 - Abuse and neglect 267 - 284 69
J. Article 39 - Physical and psychological recovery and
social
reintegration of child abuse victims 285 - 291 75
K. Article 25 - Periodic review of placement 292 - 293 77
L. Statistics on child abuse 294 - 295 77
VII. BASIC HEALTH AND WELFARE 296 - 385 78
A. Article 6, para. 2 - Survival and development 296 - 302 78
B. Article 24 - Right to health 303 - 341 80
C. Article 18, para. 3 - Childcare services for working
parents
342 88
D. Article 23 - Disabled children 343 - 359 88
E. Article 26 - The child’s right to social security benefit 360 -
367 92
F. Article 27, paras. 1-3 - Standard of living 368 - 385 93
CONTENTS (continued)
Paragraphs Page
VIII. EDUCATION, LEISURE AND CULTURAL
ACTIVITIES 386 - 449 98
A. Article 28 - Right to education 386 - 417 98
B. Article 29 (c) - Aims of education 418 - 436 105
C. Article 31 - Leisure, recreation and cultural activities 437 -
449 109
IX. SPECIAL PROTECTION MEASURES 450 - 534 112
A. Children in situations of emergency 450 - 458 112
1. Article 22 - Refugee and illegal immigrant
children 450 -
457 112
2. Article 38 - Children in armed conflicts and
article 39 -
Physical and psychological recovery
and social reintegration of such
children 458 114
B. Children in conflict with the law 459 - 492 114
1. Article 40 - The administration of juvenile justice 459 - 469 114
2. Article 37 (b), (c) and (d) - Children deprived of
their liberty
470 - 486 116
3. Article 37 (a) - The sentencing of juveniles;
the prohibition of
capital punishment and
life imprisonment 487 - 490 120
4. Article 39 - Physical and psychological recovery
and social
reintegration 491 - 492 121
C. Children in situations of exploitation, including physical
and
psychological recovery and social reintegration 493 - 533 123
1. Article 32 - Economic exploitation, including
child labour 493
- 502 123
2. Article 33 - Drug abuse 503 - 523 125
3. Article 34 - Sexual exploitation and sexual abuse 524 - 531 130
4. Article 35 - Sale, trafficking and abduction 532 - 533 131
D. Article 30 - Children belonging to minority or
indigenous groups
534 132
X. RESERVATIONS AND DECLARATIONS 535 - 537 132
I. GENERAL PROFILE OF THE HONG KONG
SPECIAL ADMINISTRATIVE
REGION
A. Land and people
- Background
statistical information, using the most up-to-date figures available for the
Hong Kong Special Administrative Region (HKSAR)
is as follows:
(a) Population by sex
|
Mid-1987 (million)
|
Mid-1992 (million)
|
Mid-1999 (million)
|
Mid-2000 (million)
|
End 2000 (million)
|
Male
|
2.9
|
2.9
|
3.3
|
3.3
|
3.3
|
Female
|
2.7
|
2.9
|
3.3
|
3.4
|
3.4
|
Total
|
5.6
|
5.8
|
6.6
|
6.7
|
6.7
|
(b) Population by age group and sex
|
Sex
|
Percentage of total population
|
Mid-1987
|
Mid-1992
|
Mid-1999
|
Mid-2000
|
End 2000
|
Under 15
|
Male Female
|
11.7 10.8
|
10.6 9.9
|
9.1 8.4
|
8.8 8.2
|
8.6 8.0
|
15-18
|
Male Female
|
3.3 3.0
|
2.9 2.7
|
2.9 2.7
|
2.9 2.7
|
2.8 2.6
|
(0-18)
|
Male Female
|
15.0 13.8
|
13.5 12.6
|
11.9 11.1
|
11.6 10.8
|
11.4 10.6
|
19-64
|
Male Female
|
33.0 30.2
|
33.3 31.5
|
32.5 33.7
|
32.5 34.1
|
32.5 34.4
|
65 and over
|
Male Female
|
3.4 4.5
|
4.0 5.0
|
4.9 5.8
|
5.0 5.9
|
5.1 6.0
|
All age groups
|
Male Female
|
51.4 48.6
|
50.8 49.2
|
49.4 50.6
|
49.2 50.8
|
49.0 51.0
|
Note: Since August 2000, population estimates have been based on
“resident population”. Formerly they were based on the
“extended de facto” approach, which counted all Hong Kong permanent
and non-permanent residents and visitors at a reference
point in time. We have
revised the population and related statistics for 1996 onwards on this
basis.
(c) Educational attainment (population aged 15 and
above)
attainment
|
Percentage
|
1986
|
1991
|
1996
|
2000a
|
Male
|
Female
|
Male
|
Female
|
Male
|
Female
|
Male
|
Female
|
No schooling/ kindergarten
|
7.0
|
21.6
|
7.1
|
18.5
|
5.1
|
13.8
|
3.7
|
11.3
|
Primary
|
30.8
|
27.7
|
26.1
|
24.3
|
22.7
|
22.6
|
22.3
|
22.1
|
Secondary and above
|
62.2
|
50.7
|
66.8
|
57.2
|
72.2
|
63.6
|
74.0
|
66.6
|
|
100.0
|
100.0
|
100.0
|
100.0
|
100.0
|
100.0
|
100.0
|
100.0
|
(d) Literacy rate:b 1984: 88.4 per cent; 1996:a 90.4 per
cent; 2000:a 92.4 per cent
a The figures derive from the
General Household Survey.
b Persons aged 15 and above with educational attainment
at primary or above.
(e) Percentage of population (excluding mutes) aged 5 and
over by usual
language/dialect
|
Percentage
|
1991
|
1996
|
2001a
|
Cantonese
|
88.7
|
88.7
|
89.2
|
Putonghua
|
1.1
|
1.1
|
0.9
|
Other Chinese dialects
|
7.0
|
5.8
|
5.5
|
English
|
2.2
|
3.1
|
3.2
|
Others
|
1.0
|
1.3
|
1.2
|
|
100.0
|
100.0
|
100.0
|
a These figures were readily available from the 2001
Census. We can
present them here because, unlike some of the other
statistics in this session,
they did not require cross-analysis with
other data sets.
(f) Crude birth and death rates
|
|
1992
|
1998
|
1999
|
2000
|
Crude birth rate (per 1,000 population)
|
12.6
|
12.3
|
8.1
|
7.8
|
8.1
|
Crude death rate (per 1,000 population)
|
4.8
|
5.3
|
5.0
|
5.0
|
5.1
|
(g) Life expectancy at birth (number of years)
|
1987
|
1992
|
1998
|
1999
|
2000
|
Male
|
74.2
|
74.8
|
76.3
|
76.7
|
77.0
|
Female
|
79.7
|
80.7
|
81.7
|
81.8
|
82.2
|
(h) Infant mortality ratio (per 1,000 live
births)
|
1992
|
1998
|
1999
|
2000
|
7.4
|
4.8
|
3.2
|
3.1
|
3.0
|
(i) Maternal mortality ratio (number of deaths per 100,000
total births)
|
1992
|
1998
|
1999
|
2000a
|
4.3
|
5.5
|
1.9
|
2.0
|
5.6
|
a The 2000 ratio is provisional. The
apparently drastic
increase in 2000 is a function of very low numbers.
In 1999,
there were 51,281 births and 1 death. In 2000, there were
54,134 births and 3 deaths.
(j) Fertility rate
|
|
1992
|
1998
|
1999
|
2000
|
General fertility rate (per 1,000 women aged 15-49, excluding
foreign domestic helpers)
|
47.9
|
46.3
|
29.3
|
28.1
|
29.5
|
(k) Percentage of household heads by sex
|
1986
|
1991
|
1996
|
2000
|
Male
|
73.0
|
74.3
|
72.8
|
n.a.a
|
Female
|
27.0
|
25.7
|
27.2
|
a Figures not available. The gender ratio is pending
analysis of
the 2001 Census findings.
(l) Unemployment rate
(Averages of the estimates obtained
from the quarterly General Household Surveys of the year)
|
1992
|
1998
|
1999
|
2000
|
1.7
|
2.0
|
4.7
|
6.2
|
4.9
|
(m) Rate of inflation
(i) Composite Consumer Price Index
(CPI)
|
Annual rate of increase in CPI (%)
|
1990
|
10.2
|
1991
|
11.6
|
1992
|
9.6
|
1993
|
8.8
|
1994
|
8.8
|
1995
|
9.1
|
1996
|
6.3
|
1997
|
5.8
|
1998
|
2.8
|
1999
|
-4.8
|
2000
|
-3.8
|
Note: The Composite CPI is compiled on the basis of
the
expenditure patterns of about 90 per cent of Hong Kong
households with an
average monthly expenditure of
HK$ 4,000 to HK$ 59,999 in the base period of
October 1994
to September 1995. This approximately corresponds to
a
monthly expenditure range of HK$ 4,400 to HK$ 65,600
at 2000 prices.
(ii) Implicit price deflators of gross domestic product
(GDP)
|
(1990 = 100)
|
Annual rate of change (%)
|
1990
|
100.0
|
7.5
|
1991
|
109.2
|
9.2
|
1992
|
119.8
|
9.7
|
1993
|
130.0
|
8.5
|
1994
|
139.0
|
6.9
|
1995
|
142.5
|
2.5
|
1996
|
150.9
|
5.9
|
1997
|
159.7
|
5.8
|
1998
|
160.4
|
0.4
|
1999
|
151.8
|
-5.4
|
2000a
|
141.8
|
-6.6
|
a GDP figures refer to estimates released in
August 2001.
(n) Gross domestic product for 1990 to 2000
|
At current market prices (US$ million)
|
At constant (1990) market prices (US$ million)
|
1990
|
74 791
|
74 791
|
1991
|
86 027
|
78 756
|
1992
|
100 676
|
84 013
|
1993
|
116 011
|
89 222
|
1994
|
130 808
|
94 139
|
1995
|
139 238
|
97 703
|
1996
|
154 110
|
102 114
|
1997
|
170 997
|
107 080
|
1998
|
162 596
|
101 365
|
1999
|
158 244
|
104 257
|
2000a
|
162 646
|
114 688
|
a GDP figures refer to estimates
released in August 2001.
(o) Per capita income
(Per capita GDP for
1990-2000)
|
At current market prices (US$)
|
At constant (1990) market prices (US$)
|
1990
|
13 111
|
13 111
|
1991
|
14 956
|
13 692
|
1992
|
17 357
|
14 484
|
1993
|
19 660
|
15 120
|
1994
|
21 674
|
15 598
|
1995
|
22 618
|
15 871
|
1996
|
23 947
|
15 867
|
1997
|
26 351
|
16 501
|
1998
|
24 848
|
15 491
|
1999
|
23 953
|
15 781
|
2000a
|
24 403
|
17 208
|
a GDP figures refer to estimates
released in August 2001.
(p) External debt: the HKSAR government does not incur
external debts.
B. General political structure
Constitutional document
- In
accordance with the provisions of article 31 and subparagraph 13 of article 62
of the Constitution of the People’s Republic of China (PRC), as
well as the relevant decisions of the National People’s Congress
(NPC) adopted
at the third session of the Seventh NPC on 4 April 1990,
the Hong Kong Special Administrative Region of the People’s Republic
of
China (HKSAR) was established on 1 July 1997. The Basic Law of the Hong Kong
Special Administrative Region of the People’s
Republic of China was also
put into effect on 1 July 1997. Under the principle of “one country, two
systems”, the socialist
system and policies are not practised in the HKSAR
and Hong Kong’s previous capitalist system and way of life will remain
unchanged
for 50 years. A copy of the Basic Law is at annex I.
- To
fully realize the principle of “one country, two systems”, the Basic
Law sets out the broad framework of the relationship
between the Central
Authorities and the HKSAR (chap. II); the fundamental rights and duties of Hong
Kong residents (chap. III); the
political structure (chap. IV); the economic,
financial and social systems of the HKSAR (chaps. V and VI); its conduct of
external
affairs (chap. VII); and the interpretation and amendment of the Basic
Law (chap. VIII).
- Among
other matters, the Basic Law provides that:
(a) The HKSAR shall
exercise a high degree of autonomy except in defence and foreign affairs and
enjoy executive, legislative and
independent judicial power, including that of
final adjudication. The power of final adjudication of the HKSAR shall be
vested in
the Court of Final Appeal established in the Region;
(b) The executive authorities and legislature of the HKSAR shall be composed
of permanent residents of Hong Kong;
(c) The laws previously in force in Hong Kong, that is, the common law,
rules of equity, ordinances, subordinate legislation and
customary law shall be
maintained, except for any that contravenes the Basic Law, and subject to any
amendment by the legislature
of the HKSAR;
(d) National laws shall not be applied in the HKSAR except for those listed
in annex III to the Basic Law and the laws listed therein
shall be applied
locally by way of promulgation or legislation by the Region. The Standing
Committee of the National People’s
Congress may add to or delete from the
list of laws in annex III after consulting the Committee for the Basic Law of
the HKSAR and
the HKSAR Government;
(e) The HKSAR is authorized to conduct relevant external affairs on its own.
The HKSAR may, on its own, using the name “Hong
Kong, China”,
maintain and develop relations and conclude and implement agreements with
foreign States and regions and relevant
international organizations in the
appropriate fields, including the economic, trade, financial and monetary,
shipping, communications,
tourism, cultural and sports fields;
(f) The HKSAR remains a free port, a separate customs territory and an
international financial centre. There shall be free flow
of capital.
HKSAR issues and manages its own currency;
(g) The HKSAR formulates its own policies on the development of education,
science, culture, sports, labour and social services,
and Hong Kong residents
have the freedom of religious belief;
(h) Hong Kong residents enjoy a wide range of freedoms and rights and this
will be further dealt with under the section on “General
Legal Framework
Within Which Human Rights Are Protected”; and
(i) The provisions of the International Covenant on Civil and Political
Rights (ICCPR), the International Covenant on Economic, Social
and Cultural
Rights (ICESCR), and international labour conventions as applied to Hong Kong
shall remain in force and shall be implemented
through the laws of the
HKSAR.
System of government
General structure
- The
Chief Executive of the HKSAR is the head of the Region. An Executive Council
assists him in policy-making. The Legislative Council
of the HKSAR is the
legislature of the Region - it enacts, amends or repeals laws, approves taxation
and public expenditure, and
raises questions on the work of the government. The
method for the formation of the Legislative Council is stipulated in the Basic
Law and the “Decision on the Method for the Formation of the First
Government and the First Legislative Council of the HKSAR”
adopted at the
third session of the Seventh NPC on 4 April 1990. District organizations -
established in accordance with articles
97 and 98 of the Basic Law - are
consulted on district administration and other affairs, though they are not
organs of political
power. There is an independent judiciary.
The Chief Executive
- The
Basic Law provides that the Chief Executive of the HKSAR shall be selected
by election or through consultations held locally and
be appointed by the
Central People’s Government. The method for selecting the Chief Executive
is to be specified in the light
of the actual situation in the HKSAR and in
accordance with the principle of gradual and orderly progress.
- The
first Chief Executive was selected in accordance with the NPC’s
“Decision on the Method for the Formation of the First
Government and the
First Legislative Council of the HKSAR”. A Selection Committee was formed
to recommend a candidate to the
Central People’s Government for
appointment. The Selection Committee comprised 400 members from various sectors
of the community.
In future, the Chief Executive will be elected by an Election
Committee comprised of 800 members.
- Annex
I to the Basic Law further provides that amendments to the method for selecting
the Chief Executive for the terms subsequent
to the year 2007 may be made with
the endorsement of a two-thirds majority of all the members of the Legislative
Council and the
consent of the Chief Executive. Any such amendments are to be
reported to the Standing Committee of the NPC for approval. Article
45 of the
Basic Law provides that the ultimate aim is the selection of the Chief Executive
by universal suffrage upon nomination
by a broadly representative nominating
committee in accordance with democratic procedures.
The Executive Council
- The
Executive Council is an organ for assisting the Chief Executive in
policy-making. Under article 56 of the Basic Law, except for
the appointment,
removal and disciplining of officials and the adoption of measures in
emergencies, the Chief Executive shall consult
the Executive Council before
making important policy decisions, introducing bills into the Legislative
Council, making subordinate
legislation, or dissolving the Legislative Council.
The Chief Executive in Council also determines appeals, petitions and
objections
under those ordinances which confer a statutory right of appeal. If
the Chief Executive does not accept a majority opinion of the
Executive Council,
he shall put the specific reasons on record.
- The
Council normally meets once a week, and its proceedings are confidential,
although many of its decisions are made public. It
is presided over by the
Chief Executive. It has 12 members (14 before 1 July 1999). As provided
for in article 55 of the Basic
Law, members of the Executive Council are
appointed by the Chief Executive from among the principal officials of the
executive authorities,
members of the Legislative Council and public figures.
They are Chinese citizens who are permanent residents of the Hong Kong Special
Administrative Region with no right of abode in any foreign country. Their
appointment or removal is decided by the Chief Executive.
Their term of office
may not extend beyond the expiry of the term of office of the Chief Executive
who appoints them.
The Legislative Council
- Article
68 of the Basic Law provides that the HKSAR Legislative Council shall be
constituted by election. The method for its formation
shall be specified in the
light of the actual situation in the HKSAR and in accordance with the principle
of gradual and orderly
progress. Annex II to the Basic Law prescribes the
composition of the Legislative Council during its first three terms as
follows:
Membership
|
First term 1998-2000 (two years)
|
Second term 2000-2004 (four years)
|
Third term 2004-2008 (four years)
|
(a) Elected by geographical
constituencies through direct
elections
|
20
|
24
|
30
|
(b) Elected by functional constituencies
|
30
|
30
|
30
|
(c) Elected by an election committee
|
10
|
6
|
-
|
Total
|
60
|
60
|
60
|
- The
present (second term) Legislative Council assumed office on 1 October 2000.
- Annex
II to the Basic Law provides that amendments to the method for forming the
Legislative Council after 2007 may be made with the
endorsement of a two-thirds
majority of all the members of the Council and the consent of the Chief
Executive. Any such amendments
are to be reported to the Standing Committee of
the NPC for the record. According to article 68 of the Basic Law, the ultimate
aim
is the election of all the members of the Legislative Council by universal
suffrage.
- According
to article 73 of the Basic Law, the powers and functions of the Legislative
Council include enactment, amendment or repeal
of laws in accordance with the
provisions of the Basic Law and legal procedures; examining and approving
budgets introduced by the
government; approving taxation and public expenditure;
receiving and debating the policy addresses of the Chief Executive; raising
questions on the work of the government; debating any issue concerning public
interests; endorsing the appointment and removal of
the judges of the Court of
Final Appeal and the Chief Judge of the High Court; and receiving and handling
complaints from Hong Kong
residents. The Council is also empowered to pass a
motion impeaching the Chief Executive and report it to the Central
People’s
Government for decision under certain prescribed
circumstances.
District councils
- The
18 district councils came into being on 1 January 2000 by virtue of the District
Councils Ordinance. The councils advise the
HKSAR government on district
affairs and promote recreational and cultural activities, and environmental
improvements within their
respective districts. District councils comprise both
elected members and appointed members. Additionally, in the case of district
councils in rural areas, the local rural committee chairmen serve as ex officio
members. The HKSAR is divided into 390 constituencies,
each returning
one elected member. There are 102 appointed members and 27 ex officio
members.
- The
councils have a wider role than the provisional district boards that they
replaced. The latter were established on 1 July 1997
by the HKSAR government in
order to take up the advisory role of the former district boards which were
dissolved when the People’s
Republic of China resumed the exercise of
sovereignty over Hong Kong.
Abolition of the municipal councils
- Like
the former Legislative Council and district boards, the two municipal councils
were dissolved on 30 June 1997 and replaced -
when China resumed the exercise of
sovereignty over Hong Kong on 1 July 1997 - by provisional councils. And,
following public consultations
in mid-1998, the decision was taken to reorganize
the structure for delivering municipal services in order to improve coordination
and efficiency. Analysis of the response indicated general support for a new
structure for the delivery of services whereby the
government would resume
direct responsibility for food safety and environmental hygiene. There was also
support for a reform of
the administrative framework for the delivery of arts
and culture, sports and recreation
services.
- In
December 1999, the Legislative Council passed the Provision of Municipal
Services (Reorganization) Bill. This provides the legal
basis for the
reorganization of the municipal services. The provisional municipal councils
were dissolved after the terms of office
of the incumbent members expired on 31
December 1999. The government set up new dedicated agencies to be responsible
for food safety,
environmental hygiene and leisure and cultural services with
effect from January 2000.
The structure of the Administration
- The
Chief Executive is the head of the HKSAR government. If the Chief Executive is
not able to discharge his duties for a short period,
such duties will
temporarily be assumed by the Chief Secretary for Administration, Financial
Secretary or Secretary for Justice,
in that order of precedence.
- The
Administration of the HKSAR government comprises a Department of Administration,
a Department of Finance, a Department of Justice,
and various bureaux, divisions
and commissions. There are currently 14 policy bureaux and 2 resource bureaux
concerned respectively
with finance and the civil service. The bureaux, each
headed by a Secretary, collectively form the Government Secretariat.
- With
certain exceptions, the heads of government departments are responsible to the
bureau Secretaries for the direction of their
departments and the efficient
implementation of approved government policy. The exceptions are the
Independent Commission Against
Corruption and the Commission of Audit, each of
which functions independently and is accountable to the Chief
Executive.
The judicial system of the HKSAR
- The
legal system is firmly based on the rule of law and a judiciary that is
independent of the executive authorities and the legislature.
- Article
19 of the Basic Law provides that the HKSAR shall be vested with independent
judicial power, including that of final adjudication.
The courts of the HKSAR
shall have jurisdiction over all cases in the Region, except that the
restrictions on their jurisdiction
imposed by the legal system and principles
previously in force in Hong Kong shall be maintained. The courts of the Hong
Kong Special
Administrative Region shall have no jurisdiction over acts of State
such as defence and foreign affairs. The courts of the Region
shall obtain a
certificate from the Chief Executive on questions of fact concerning acts of
State such as defence and foreign affairs
whenever such questions arise in the
adjudication of cases. This certificate shall be binding on the courts. Before
issuing such
a certificate, the Chief Executive shall obtain a certifying
document from the Central People’s Government.
- The
courts of justice comprise the Court of Final Appeal, the High Court (which
consists of the Court of Appeal and the Court of First
Instance), the District
Court, the Magistracy, the Lands Tribunal, the Labour Tribunal, the Small Claims
Tribunal, the Obscene Articles
Tribunal and the Coroner’s Court. The
courts hear and determine all criminal trials and civil disputes, whether
between individuals
or between individuals and the government of the
Region.
- Article
82 of the Basic Law provides that the power of final adjudication of the HKSAR
shall be vested in the Court of Final Appeal
of the Region, which may as
required invite judges from other common law jurisdictions to sit on the Court
of Final Appeal. Article
83 further provides that the structure, powers and
functions of the courts of the HKSAR at all levels are prescribed by law.
- All
judges and judicial officers must have qualified as legal practitioners in Hong
Kong or in a common law jurisdiction and have
substantial professional
experience. Article 88 of the Basic Law provides that “Judges of the
courts of the HKSAR shall be
appointed by the Chief Executive on the
recommendation of an independent commission composed of local judges, persons
from the legal
profession and eminent persons from other sectors.”
- Judges
have security of tenure. Article 89 of the Basic Law provides that “A
judge of a court of the HKSAR may only be removed
for inability to discharge his
or her duties, or for misbehaviour, by the Chief Executive on the recommendation
of a tribunal appointed
by the Chief Justice of the Court of Final Appeal and
consisting of not fewer than three local judges. The Chief Justice of the
Court
of Final Appeal of the HKSAR may be investigated only for inability to discharge
his or her duties, or for misbehaviour, by
a tribunal appointed by the
Chief Executive and consisting of not fewer than five local judges and may
be removed by the Chief Executive
on the recommendation of the tribunal and in
accordance with the procedures prescribed in this Law.”
C. General legal framework within which human rights are
protected
Rule of law
- The
fundamental basis for the protection of human rights is the rule of law
maintained by an independent judiciary (see paragraphs
22-27 above). The
principles that inform the rule of law are:
(a) The supremacy of
the law: no individual is punishable or can lawfully be made to suffer
personally or financially except for a breach of law established
before the
independent courts. Where, under the law, an official or an authority has the
discretion to make a decision, that discretion
must be exercised legally, fairly
and reasonably. Where it does not do so, the decision must be capable of
successful challenge
before the courts. The Basic Law guarantees the right of
Hong Kong residents to institute legal proceedings in the courts against
the
acts of the executive authorities and their personnel; and
(b) Equality before the law: article 25 of the Basic Law provides
that all Hong Kong residents shall be equal before the law. Article 22
provides that all
offices set up in the HKSAR by departments of the Central
People’s Government, or by provinces, autonomous regions, or
municipalities
directly under the Central Government and personnel of these
offices shall abide by the laws of the Region. Article 14 provides
that members
of the garrison shall, in addition to abiding by national laws of the PRC, abide
by the laws of the HKSAR. Article
35 also provides that Hong Kong residents
shall have the right to institute legal proceedings in the
courts against the acts of the executive authorities and their personnel. No
government authority or official, and no individual,
is above the law. All
persons, regardless of race, rank, politics, religion or sex, are equal before
the law and subject to the
same law. Individuals and the HKSAR government have
the same access to the courts to enforce legal rights or defend
an action.
- Some
commentators have argued that the principle of equality before the law was
compromised by a recent amendment to the Interpretation
and General Clauses
Ordinance (chapter 1 of the Laws of the HKSAR). The amendment in question
was an adaptation of the reference
to the “Crown” by the
“State” in section 66 of the Ordinance. Before 1 July 1997, section
66 used to provide
that no ordinance was binding on the Crown unless it
expressly stated, or necessarily implied, that the Crown was bound. After 1
July 1997, the reference to the “Crown” in section 66 had to be
amended. The amendment to section 66 of chapter 1 was
made simply in order to
preserve the substance of the law before 1 July 1997 and reflect the change
of sovereignty.
Human rights guarantees in the Basic Law
- Article
4 of the Basic Law provides that the HKSAR shall safeguard the rights and
freedoms of residents of the HKSAR and of other
persons in the Region in
accordance with the law. The Basic Law guarantees a wide range of freedoms and
rights, including:
(a) Equality before the law;
(b) Freedom of speech, of the press and of publication; freedom of
association, of assembly, of procession and of demonstration;
and the right and
freedom to form and join trade unions, and to strike;
(c) Freedom of the person; freedom from torture; freedom from arbitrary or
unlawful arrest, detention or imprisonment; freedom from
arbitrary or unlawful
search of the body; and right against arbitrary or unlawful deprivation of
life;
(d) Freedom from arbitrary or unlawful search of, or intrusion into,
one’s home or other premises;
(e) Freedom and privacy of communication;
(f) Freedom of movement within the HKSAR and freedom of emigration to other
countries and regions and freedom to travel and to enter
or leave the
Region;
(g) Freedom of conscience; freedom of religious belief and freedom to preach
and to conduct and participate in religious activities
in public;
(h) Freedom of choice of occupation;
(i) Freedom to engage in academic research, literary and artistic creation,
and other cultural activities;
(j) Right to confidential legal advice, access to the courts, choice of
lawyers for timely protection of their lawful rights and
interests or for
representation in the courts, and to judicial remedies; right to institute legal
proceedings in the courts against
the acts of the executive authorities and
their personnel;
(k) Right to social welfare in accordance with the law; and
(l) Freedom of marriage and right to raise a family freely.
Persons in Hong Kong other than Hong Kong residents shall, in accordance with
law, enjoy the rights and freedoms of Hong Kong residents
prescribed by chapter
III of the Basic Law. In addition, permanent residents of the HKSAR enjoy the
rights to vote and to stand
for election in accordance with law.
Effect of other human rights instruments in HKSAR
law
- According
to article 39 of the Basic Law:
“The provisions of the ICCPR,
the ICESCR and international labour conventions as applied to Hong Kong shall
remain in force
and shall be implemented through the laws of the HKSAR.
“The rights and freedoms enjoyed by Hong Kong residents shall not be
restricted unless as prescribed by law. Such restrictions
shall not contravene
the provisions of the preceding paragraph of this Article.”
- In
general, and as is usual in common law systems, treaties that apply to Hong Kong
(including human rights treaties) do not themselves
have the force of law in the
domestic legal system of Hong Kong. They cannot directly be invoked before the
courts as the source
of individual rights. However, the courts will, when
possible, construe domestic legislation in such a way as to avoid
incompatibility
with these international obligations. The usual method of
giving effect in local law to treaty obligations (when these require some
change
in existing laws or practice) is to enact specific new
legislation.[†] Where
this results in the creation or definition of specific legal rights and where
these rights are denied or interfered with (or
there is the threat of such
action), a remedy will be available in the courts through the ordinary
procedures of civil litigation;
or the law may provide criminal
sanctions.
Bill of Rights Ordinance
- The
Hong Kong Bill of Rights Ordinance (BORO) (chapter 383 of the Laws of
the HKSAR) was enacted in June 1991 specifically to give
effect in local
law to the provisions of the ICCPR as applied to Hong Kong. It achieves
this by setting out a detailed Bill of Rights,
the terms of which are almost
identical to those of the ICCPR.
Adoption of laws: effect on the BORO
34. Article 160 of the Basic Law provides that the laws
previously in force in Hong Kong shall be adopted as laws of the Region except
for those which the Standing Committee of the NPC declares to be in
contravention of the Basic Law. In February 1997, the Standing
Committee
considered that three sections of the BORO (relating to the interpretation and
application of the
Ordinance)[‡] had an
overriding effect over other laws, including the Basic Law. As such, they
contravened the Basic Law and could not be adopted.
- The
non-adoption of these sections has no effect on the protection of human rights
in the HKSAR in view of the constitutional guarantee
in article 39 of the Basic
Law. The substantive protections in Part II of the Ordinance (almost
identical to the provisions of the
ICCPR) are unchanged. So too are the
remedies provided under section 6 for contravention of the Ordinance and the
binding effect
on the Government and all public authorities under section 7.
The full text of the BORO as it now stands is at annex II.
Legal aid
- Legal
aid, advice and assistance is provided by two organizations: the Legal Aid
Department (which is part of the Government) and
the Duty Lawyer Service. The
latter is jointly managed and operated by the Bar Association and the Law
Society, though it is wholly
funded by the Government.
Legal Aid Department
- The
Legal Aid Department provides legal representation to eligible persons in both
civil and criminal cases heard in the District
Court, the Court of First
Instance, the Court of Appeal and the Court of Final Appeal. Applicants must
satisfy the Director of Legal
Aid of their financial eligibility (the means
test) and of the justification for legal action (the merits test).
In criminal cases,
the Director has discretion to waive the upper limits of
the means test if he considers it in the interest of justice to do so.
He also
has that discretion in meritorious applications where a breach of the BORO or
the ICCPR as applied to Hong Kong is in issue.
The grant of legal aid is
mandatory in appeals against conviction for murder. This is to ensure that all
relevant matters are placed
before the court by the appellant’s legal
representative. The grant of legal aid is not subject to a residence
requirement.
The Duty Lawyer Service
- This
Service complements the legal aid services provided by the Legal Aid Department.
It operates three schemes that respectively
provide legal representation (the
Duty Lawyer Scheme), legal advice (the Legal Advice Scheme) and legal
information (the Tel-Law
Scheme). The Duty Lawyer Scheme offers legal
representation to virtually all defendants (juvenile and adult) charged in the
magistracies
who cannot afford private representation. Applicants are subject
to a simple means test and a merits test, based on the “interest
of
justice” principle in accordance with article 11 of the BORO. The Legal
Advice Scheme and the Tel-Law Scheme respectively
provide members of the public
with free legal advice through individual appointments and taped information on
the legal aspects of
everyday problems.
- The
Legal Aid Services Council, an independent statutory body, was established in
1996. Its role is to oversee the provision of legal
aid services by the Legal
Aid Department and advise the Chief Executive on legal aid policy.
Office of the Ombudsman
- The
Ombudsman - formerly known as the Commissioner for Administrative Complaints
(COMAC) - is an independent authority, established
under the Ombudsman Ordinance
(formerly known as the COMAC Ordinance). The Ombudsman investigates and reports
on grievances arising
from maladministration. “Maladministration”
includes such things as inefficient, bad or improper administrative decisions,
acts, recommendations or omissions. Members of the public can complain directly
to the Ombudsman. She can also initiate investigations
on her own volition and
may publish investigation reports of public interest. Additionally, the
Ombudsman is empowered to investigate
complaints of non-compliance with the
administrative Code on Access to Information.
- To
enable her to carry out her functions effectively, the Ombudsman is able to
appoint her own staff to carry out her duties. Subject
to the Ombudsman
Ordinance, she may obtain any information and documents from such persons
as she thinks fit; she may summon any
person to provide information
relating to her investigations and may enter any premises of the organizations
under her jurisdiction
to conduct investigations. She also has sufficient means
with which to ensure that her recommendations are heard and acted upon.
- After
investigation of a complaint, the Ombudsman is empowered to report her opinion
and reasons, together with a statement of any
remedy and recommendation that is
considered necessary, to the head of the organization affected. If the
Ombudsman believes that
there has been a serious irregularity or injustice done,
she may make a report to the Chief Executive of the HKSAR. Such a report
is bound by law to be laid before the Legislative Council.
- With
two exceptions, the Ombudsman has jurisdiction over all government departments
of the HKSAR and major statutory bodies. The
exceptions are the police and the
Independent Commission Against Corruption (ICAC). Complaints against these
departments are handled
by discrete, dedicated bodies (see paragraphs 46 and 47
below).
Equal Opportunities Commission (EOC)
- The
EOC was established under the Sex Discrimination Ordinance (SDO) in May 1996 and
started full operation in September that year.
The Commission is responsible
for conducting formal investigations, handling complaints, encouraging
conciliation between parties
in dispute, and providing assistance to aggrieved
persons in accordance with the SDO, the Disability Discrimination Ordinance
(DDO)
and the Family Status Discrimination Ordinance (FSDO). It undertakes
research programmes and public education to promote equal opportunities
in the
community. The Commission is also empowered to issue codes of practice to
provide practical guidelines to facilitate public
compliance with the laws on
equal opportunities. Accordingly, it issued Codes of Practice on
Employment in relation to the SDO and
the DDO in December 1996. It issued
a similar code in relation to the FSDO in March 1998.
Privacy Commissioner for Personal Data
- The
Personal Data (Privacy) Ordinance (PDPO) provides for statutory control of the
collection, holding and use of personal data in
both the public and private
sectors. Its provisions are based on internationally accepted data protection
principles. It applies
to personal data to which access is reasonably
practicable whether they are in computerized, manual (for example, paper file)
or
audio-visual form. To promote and enforce compliance with its provisions,
the Ordinance provides for an independent statutory authority
- the Privacy
Commissioner for Personal Data - with appropriate powers of investigation and
enforcement. His responsibilities also
include promoting awareness and
understanding of the Ordinance, publishing codes of practice on how to comply
with the Ordinance,
and examining proposed legislation that may affect the
privacy of individuals in relation to personal data.
Complaints and investigations
The Police
- The
Complaints Against Police Office (CAPO) investigates all complaints about the
conduct and behaviour of members of the police force.
The CAPO’s
investigations are monitored and reviewed by the Independent Police Complaints
Council (IPCC). The IPCC is an
independent civilian body comprising
non-official members appointed by the Chief Executive from a wide spectrum of
the community
and include members of the Legislative Council and the Ombudsman
or her representative.
The ICAC
- The
Independent Commission Against Corruption Complaints Committee - established
in 1977 - monitors and reviews the handling by the
ICAC of complaints
against the ICAC. Again, this is an independent committee appointed by the
Chief Executive. The Committee is
comprised mainly of members of the Executive
and Legislative Councils and a representative of the Ombudsman. Persons with
complaints
against the ICAC or its officers have direct access to the Committee
as well as the ICAC itself. The investigation of such complaints
is handled by
a special unit of the ICAC Operations Department. When the unit has completed
its investigation of a complaint, its
conclusions and recommendations are
submitted to the Committee for consideration.
Other disciplined services
- Other
disciplined services departments maintain clear guidelines and procedures for
handling complaints. For example, the Correctional
Services Department (CSD),
which runs HKSAR’s prisons, has a Complaints Investigation Unit to manage
its internal grievance
redress system for staff and prisoners. CSD staff and
prisoners may also direct their complaints to the Ombudsman. The existing
complaint channels are considered effective in view of the number and the nature
of complaints handled.
- The
Immigration Department applies complaints procedures set out in the Immigration
Service Standing Orders made by the Director of
Immigration under the authority
of the Immigration Service Ordinance. Complaints about abuse of authority or
maltreatment by service
members can be made to the Director of Immigration and
are investigated promptly in accordance with the procedures in the Standing
Orders. To ensure that all complaints are properly handled, a Complaints Review
Working Party examines the results of investigations,
conducts reviews and
recommends follow-up action. Persons who consider that they have been
improperly treated or that their cases
have been mismanaged also have access to
the Ombudsman. If there is evidence that a member of the Immigration Service
has committed
a criminal offence, the Immigration Service will immediately
report the matter to the police for further investigation. Disciplinary
procedures against Immigration Service staff are also governed by the
Immigration Service Ordinance and the Immigration Service Standing
Orders.
Under section 8 of the Immigration Service Ordinance, unlawful or unnecessary
exercise of authority resulting in loss or
injury to any person is a
disciplinary offence.
D. Information and publicity
Promotion of public awareness of the human rights
treaties
- The
Home Affairs Bureau of the HKSAR government is responsible for promoting public
awareness of the rights and obligations stipulated
in the human rights treaties
applicable to the Region. Following the enactment of the BORO in 1991, the
Committee on the Promotion
of Civic Education (CPCE) under the Home Affairs
Bureau established a Human Rights Education Subcommittee to promote public
understanding
of the BORO and respect for human rights as set out in the various
treaties. Human rights have been one of the major emphases of
the
CPCE’s work. Recently, the CPCE has increased its efforts to promote a
public understanding of the Basic Law, which provides
the constitutional
guarantees for human rights protection in the Region. A Basic Law Promotion
Steering Committee - chaired by the
Chief Secretary for Administration -
was established in January 1998 to guide promotional strategy.
Government publications
- The
Central People’s Government of the People’s Republic of China is
obliged to submit reports in respect of the HKSAR
under various human rights
treaties (but see paragraph 52 below in relation to the ICCPR and the ICESCR).
Draft reports are prepared
by the Home Affairs Bureau and the Health and Welfare
Bureau of the HKSAR government. The Bureaux consult the Legislative Council
and
non-governmental organizations on the state of implementation of these treaties
in the Region. They address their views in the
reports, which they table before
the Legislative Council - and publish in bound, bilingual format - after the
PRC Government has
submitted them to the United Nations. Copies are
deposited in public libraries and posted on the Internet for public
inspection.
Reports of the HKSAR in the light of the ICCPR and the
ICESCR
- In
November 1997, the Central People’s Government of the People’s
Republic of China announced that, in line with the Joint
Declaration and the
Basic Law, and considering that China was not yet a signatory to the two
Covenants, it would make reference to
the provisions of the two Covenants
as applied to Hong Kong and transmit reports on the HKSAR to the
United Nations. Thus the government
of the HKSAR is responsible for
preparing the reports on the Region in relation to the two Covenants for
transmission to the United
Nations.
II. GENERAL MEASURES OF IMPLEMENTATION (arts. 4, 42 and
44)
A. Article 4 - Implementation of rights
Review of the Adoption Ordinance (chap. 290)
- This
is addressed in paragraph 259 below, in relation to article 21 of the
Convention.
Minimum age of criminal responsibility
- This
is discussed in paragraphs 463-465 below, in relation to article 40 of the
Convention.
Child policy
- In
paragraph 20 of its concluding observations on the previous
report,[§] the Committee
suggested that legislation and policy-making should take account of a holistic
and comprehensive approach to implementing
the Convention. It recommended that
an independent mechanism be introduced to monitor the implementation of policy
on the rights
of the child. Several Hong Kong commentators have added their
voices to these recommendations, calling on the Government to establish
a Child
Commission to put them into effect.
- In
paragraph 10 of the updating
report,[**] we expressed the
view, having carefully examined these proposals, that they were not necessary
either to give effect to the Convention
or as a practical response to its
requirements. In this context, the Committee also recommended that in
formulating policy proposals
there should be “an accompanying assessment
of [their] impact on children” as they affected the rights of the child.
We took the view that no new arrangements were necessary for this purpose. This
was because the Convention covered various areas
of government that were the
responsibility of several different policy branches (now bureaux). Those
branches were assisted by boards
and committees and non-governmental
organizations (NGOs) in planning and decision-making. Where a particular area
overlapped the
responsibilities of more than one branch there were arrangements
for coordination between branches.
- The
updating report went on to say that the concepts of child protection and the
“best interests of the child” were necessary
considerations in
all relevant decision-making in Hong Kong, whether respecting legislative
proposals or policies, and were taken
into account as a matter of course.
Specific laws dealt with different aspects of the Convention. The impact of
legislation and
the execution of policies was monitored by the Legislative
Council, the Ombudsman and the press as well as by being reviewed by the
policy
branches concerned. These arrangements allowed for flexibility and a swift
response to changing circumstances and to the
concerns of the public, and we saw
no advantage in replacing them with some unified administrative system, a single
children’s
ordinance, or a single monitoring
system.[††]
- The
position in paragraphs 4 and 5 of that document remains valid and there have
been no new developments that indicate a need for
a change of approach. But our
minds are open and we are prepared to reconsider our position, should changing
circumstances so warrant.
- In
paragraph 21 of its concluding observations, the Committee encouraged efforts to
involve civil society and non-governmental organizations
more closely in the
monitoring and implementation of the Convention, including with respect to
the development of a comprehensive
strategy for children in Hong Kong.
- In
paragraph 13 of the updating report, we said that we had long-established and
good working relationships with NGOs. NGOs were
closely involved in the making
of policies relating to the Convention by giving advice through boards and
committees composed of
representatives of NGOs and government officials, and
through direct communication with branches (now bureaux) and departments.
They
had offered their views on the drafting of reports, including the initial
report, assisted in the dissemination of the Convention
and scrutinized
Government’s actions in giving effect to the Convention. NGOs themselves
also took part in implementing the
Convention, for example by providing
counselling and care services for youths, abused children and split families.
- That
position remains essentially the same, though our relations with the NGOs have
continued to develop and interface between them
and the Government has become
even closer. An example of that relationship was the Child Ambassadors Scheme,
explained in paragraph
64 below. NGOs were consulted in the drafting of this
report, which summarizes and responds to their views.
- In
paragraph 22 of its concluding observations, the Committee suggested a review of
the effectiveness of the present system of coordinating
policies and programmes,
especially as regards child abuse. In paragraphs 11 and 12 of the updating
report, we explained that, where
there was an overlapping of areas of
responsibilities of policy branches (now bureaux), there were arrangements for
coordination.
The “lead” branch would, as a matter of course,
co-opt other branches or departments in considering and dealing with
the issues.
Cooperation at the highest level of the administration was provided by the Chief
Secretary’s committee policy groups,
which comprised the most senior
representatives of the relevant branches. The Home Affairs Branch (which was -
and, as the Home
Affairs Bureau, remains - responsible for drafting reports
under the Convention) acted as a bridge between Government, the Legislative
Council and the public. Where necessary, it sought advice from the
Government’s experts on human rights and international
law to ensure
compliance with the Convention. For these reasons, we considered that the
existing arrangements for institutional
cooperation adequately served
Hong Kong’s needs. That remains our view, as the mechanisms
described in the updating report
have not changed.
B. Article 42 - Dissemination of the Convention
Measures to publicize the principles and provisions of the
Convention
- Several
commentators have said that the Government, schools and NGOs should join
together to promote children’s rights to expression
and participation. We
endorse these views and have taken active steps - described in the paragraphs
that follow - to put them into
effect.
The Child Ambassadors Scheme
- The
year 2000 marked the tenth anniversary of the Convention’s entering into
effect. To commemorate the occasion we launched
a poster campaign to draw
public attention to the Convention and issued a commemorative envelope
specifically marking the anniversary.
But the key initiative was the Child
Ambassadors Scheme. Its purpose was to draw attention to the Convention by
capturing the public’s
imagination and interest. It was jointly organized
by Against Child Abuse, the Hong Kong Committee on Children’s Rights and
the Hong Kong Committee for UNICEF. These are Hong Kong’s leading
organizations for children’s rights. Finance for
the project was jointly
provided by Cathay Pacific Airways and the Government, so harnessing the
talents and resources of the charitable,
commercial and public sectors.
Twenty “ambassadors” were selected in open competition. Ten
went to Geneva where they
met members of the Committee, to whom we are most
grateful. The remaining 10 will undertake a Convention-related mission in the
Asian region in 2002. But their main task will be to actively promote public
awareness of the Convention - and of the rights that
it secures for their fellow
children - in Hong Kong itself.
Media campaigns
- Television
advertisements (known in Hong Kong as an “announcements in the public
interest” or APIs) are probably the most
powerful publicity tools and we
use them to that effect in the course of our public education campaigns in
relation to human rights.
Currently, we are running an animated API that we
commissioned in 1996, when it won an industry award. But because the impact of
any kind of advertisement tends to diminish over time, we periodically need to
replace them with fresh material. With that in mind,
we are working with the
Child Ambassadors and the “child-focused” NGOs to create a new API.
Together, we are exchanging
ideas with a view to launching the new API in
2002.
Human rights education
- In
paragraph 23 of its concluding observations, the Committee suggested that
consideration be given to taking further measures to
inform the general public
about the Convention on the Rights of the Child and to incorporate education
about human rights and children’s
rights in training programmes for
professionals. The Committee encouraged the incorporation of questions on the
awareness and understanding
of the public of the Convention and its principles
and provisions in future civic awareness surveys.
- As
explained in paragraphs 17 and 18 of the updating report, we have used several
channels (the media, schools, public education,
publicity campaigns and NGOs) to
stimulate public awareness of children’s rights. The Education Department
has included human
rights topics in the curricula of individual school subjects
and in the guidelines on civic education. The Committee on Promotion
of
Civic Education (CPCE) contributes with publications,
APIs on television, seminars and roving exhibitions. Paragraphs 17
and
18 (and the related annex) listed some of the numerous initiatives that we
had taken in this regard. Those initiatives have continued:
the key ones are
described in paragraphs 61, 64 and 65 above. Details of other initiatives to
promote human rights are at annex
IA.
Briefing sessions for social workers and other front-line
staff
- The
Social Welfare Department has introduced measures to ensure that social work
professionals are familiar with the Convention.
Details are at annex
IB.
C. Article 44 - Making the report available
- The
Central People’s Government of the People’s Republic of China is
responsible for submitting reports in respect of
the Hong Kong Special
Administrative Region under various human rights treaties, including the
Convention on the Rights of the Child.
It does so on the basis of drafts
prepared by the Hong Kong Special Administrative Region government. In
preparing the draft of
the present report, the HKSAR government drew on
information from internal and outside sources and the views of Legislative
Councillors,
NGOs and concerned
individuals[‡‡] on
the state of implementation of the Convention. The relevant parts of the report
seek to give due regard to the views received.
We have made it clear that we
cannot undertake to address all of them, particularly where they appear to us to
be either concerned
with minutiae, expressed too broadly to admit of ready
response, or of only tenuous relevance to the Convention.
- The
report will be tabled before the Legislative Council and made public once it has
been submitted to the Committee. Copies will
also be sent to interested
organizations and be available for collection free of charge at local district
offices. The report will
also be deposited in public libraries and uploaded on
the Government’s web site for public inspection.
III. DEFINITION OF THE CHILD (art. 1)
- As
explained in paragraph 25 of the previous report, “a person shall attain
full age on attaining the age of 18
years”.[§§]
Statistics and indicators
- In
paragraph 22 of its concluding observations, the Committee suggested that the
collection and analysis of statistical data by age
group be guided by the
provisions of article 1 of the Convention. It further suggested that
consideration be given to undertaking
or encouraging research on the development
and use of indicators to monitor the progress of the implementation of all the
principles
and provisions of the Convention. In paragraphs 14 and 16 of the
updating report, we explained that:
(a) With regard to age
groupings, our practice was to present population data in quinquennial age
groupings (birth to 4, 5-9, 10-14, and so forth). This enabled
statistics for
the 15-19 age group to be provided conveniently but not for the 15-17
group. However, it was possible to compile
statistics by different groupings
depending on the data sources and the levels of details of the analysis. As far
as possible, we
have presented the data in this report in accordance with the
Committee’s suggestion; and
(b) With regard to indicators, we considered that our existing
practices were consistent with the Committee’s suggestion. By way of
example we cited the
purposedesigned indicators for evaluating the Police
Superintendents’ Discretion Scheme against the rate of
recidivism.[***] We were
considering the need to develop new indicators in other policy and programme
areas. Some examples of indicators developed
since then include:
- Community
Support Services Scheme: the percentage of “supervisees” who
resumed their studies or secured gainful employment during their supervision
period;
- School
attendance rates: in principle, education is universal between the
ages of 6 and 15. But, as elsewhere, there is a residual level
of truancy (under
0.2 per cent in the 1999/2000 school
year). The indicator, which monitors the non-attendance rate, measures the
progress we are
making in addressing this; and
- Percentage of
schoolchildren securing secondary 4 places: most children complete their
nine years of free and compulsory education at the level known as
“secondary 3”, normally
at the age of 15. Beyond that, public
sector school places are highly subsidized but are awarded essentially on
merit. The indicator
is therefore a significant measure of our increasing
ability gradually to increase the numbers and percentage of children proceeding
beyond the junior secondary level (over 92 per cent in the
2000/01 school year).
Legal counselling and medical treatment
- The
position is as explained in paragraphs 26 and 27 of our previous report. That
is:
(a) Legal counselling: the Rules of the High Court
provide that persons aged under 18 cannot sue or be sued in their own name
in civil proceedings. Rather,
they must sue through a “next friend”
and be sued in the name of a guardian ad litem, who will seek legal aid on
behalf
of the plaintiff or defendant as appropriate; and
(b) Medical counselling: the Hong Kong Medical Council has
promulgated in its Professional Code and Conduct for the Guidance of Registered
Medical Practitioners
that consent is part of quality care. In regard to the
treatment of mental health, it is also a legal
requirement.[†††]
Patients should be properly informed about the general nature, effect and risk
of medical procedures. Consent is normally given
by patients themselves or by
designated persons in certain specified circumstances. The Code provides that,
when it is not possible
for an otherwise competent patient to give consent, the
views of family members “should be considered provided that such views
are
compatible with (i) the patient’s best interests; and (ii) the
patient’s right of self-determination”.
Free and compulsory (universal) education
- Education
is free and
compulsory[‡‡‡]
for all children between the ages of 6 and 15 (Part VII of the Education
Ordinance (chap. 279), together with the relevant definitions
in section 3
thereof). This is discussed in paragraphs 386-417 below, in connection with
article 28.
Employment
- The
employment of persons under the age of 18 is discussed in paragraphs 493-501
below, in relation to article 32.
Sexual acts
- Sexual
offences against children are prescribed in the Crimes Ordinance (chap. 200).
Section 122 makes it an offence for a person,
male or female, to indecently
assault another person. A person under the age of 16 cannot in law give consent
to such act. Section
124 makes it an offence for a man to have sexual
intercourse with a girl under the age of 16. Section 146 proscribes acts
of gross
indecency with or towards a child under the age of 16. Homosexual
buggery and gross indecency with or by a man aged under 21 are
prohibited under
sections 118C and 118H respectively. Section 118D makes buggery with
a girl under 21 an offence.
- The
Ordinance makes other proscriptions that are relevant to the protection of
children. These include sections 126 and 127 in regard
to abduction (discussed
in paragraph 142 below, in relation to article 8), sections 129 and 132 in
regard to trafficking and procurement
(discussed in paragraphs 532 and 533
below, in relation to article 35), and sections 135, 140 and 141 in regard to
prostitution (discussed
in paragraphs 524-529 below, in relation to article
34).
Contracting of marriage
- The
position is as explained in paragraph 32 of the previous report. That is, the
minimum age for marriage is 16
years.[§§§]
Persons aged under 21 require parental
consent.[****]
Competence to give evidence in court
- The
position is as explained in paragraph 34 of the previous report. That is, the
Criminal Procedure Ordinance (chap. 221), the Evidence
Ordinance (chap. 8), and
the Juvenile Offenders Ordinance (chap. 226) prescribe special procedures for
the giving of evidence in
court by witnesses aged under 14 years. The special
procedures under the Criminal Procedure Ordinance also apply to witnesses aged
under 17 years in relation to offences of sexual abuse. These matters are
discussed in paragraphs 267-284 below, in relation to
article 19.
Criminal liability
- As
explained in paragraph 37 of the previous report, section 3 of the Juvenile
Offenders Ordinance provides that no child under 7
years of age is liable for
any criminal offence. The Committee expressed concern about this in paragraph
19 of its concluding observations.
In paragraph 34, it recommended that we
review the matter with a view to raising the age. Commentators have echoed that
recommendation.
The matter has since been the subject of review and - as at the
time of drafting this report (mid-2001) - we were formulating proposals
to
increase the age from 7 to 10. This is addressed in detail in paragraphs
463-465 below, in connection with article 40 of the
Convention.
Consumption and purchase of controlled
substances
- The
position remains as explained in paragraph 40 of the previous report. That
is:
(a) Alcohol: regulations under the Dutiable Commodities
Ordinance
(chap. 109)[††††]
make it an offence to permit a person under the age of 18 years to consume
alcoholic liquor in premises licensed for its sale or
supply; and
(b) Tobacco: section 15A of the Smoking (Public Health) Ordinance
(chap. 371) prohibits the sale or giving of tobacco products to persons
under
the age of 18 years.
The use of controlled substances by children is discussed in paragraphs
503-523 below, in relation to article 33.
Access to indecent material
- The
position is as explained in paragraph 41 of the previous report. That is,
section 22 of the Control of Obscene and Indecent Articles
Ordinance (chap. 390)
prohibits the selling, hiring, circulating, lending and showing of indecent
articles[‡‡‡‡]
to persons under 18 years of age. This and other protections for children are
discussed in paragraphs 155-166 below, in relation
to article 17.
Entry into controlled premises
- The
position is as explained in paragraph 43 of the previous report. That
is:
(a) Section 3 (2) of the Betting Duty Ordinance (chap. 108)
authorizes the Hong Kong Jockey Club to organize race meetings and conduct
betting on races in Hong Kong. The Betting Rules of the Club prescribe a
minimum age of 18 years for lawful entry to racecourses
and off-course betting
centres;
(b) The Gambling Regulations proscribe the entry of persons aged under 18
into licensed mahjong
parlours;[§§§§]
and
(c) Section 20 (1) of the Amusement Games Centres Ordinance (chap. 435)
prohibits persons aged 16 years or over from entering amusement
game centres
that have been licensed for the playing games by persons aged under
16[.] Strict licensing
conditions are imposed on adult game centres to prevent children aged under 16
from entering.
- Commentators
have said that the variations in the statutory definitions of a
“child” are anomalous and inconsistent with
the Convention.
Clearly, we do not accept this view. The variations merely recognize the fact
that children mature as they grow
older: 14-year-olds are normally more mature
than 10-year-olds, 16-year-olds more so than 14-year-olds, and so forth. With
increasing
maturity comes an increasing ability to distinguish right from wrong,
acceptable from unacceptable behaviour, and thus the ability
to understand the
consequences of specific actions. That children do not have full capacity in
this regard, as do adults, is recognized
and reflected in both the law and in
its administration: hence the gradation of culpability and judicial
response.
- It
would be inappropriate and unrealistic for the law to afford, say, a 17-year-old
the same relative indulgence as it does, say,
an 8-year-old. The converse
would be at least equally inappropriate. Expressed another way, were the law -
in the quest for absolute
consistency rigidly and for every purpose
to consider all under-18-year-olds equally as children, 16yearolds would need to
wait
an additional two years before being allowed access to certain
categories of entertainment. The “children” would certainly
be
among the most vociferous objectors. And we suspect that the Committee would
also regard such developments as retrogressive.
IV. GENERAL PRINCIPLES (arts. 2, 3, 6 and 12)
A. Article 2 - Non-discrimination
Basic Law
- Article
25 of the Basic Law provides that all Hong Kong residents shall be equal before
the law. Article 39 provides that the provisions
of - among others - the
International Covenant on Civil and Political Rights (ICCPR) and the
International Covenant on Economic,
Social and Cultural Rights (ICESCR) as
applied to Hong Kong shall remain in force and shall be implemented through the
laws of the
HKSAR.
Bill of Rights Ordinance
- The
Bill of Rights Ordinance (the BORO, chap. 383) gives effect in domestic law to
the provisions of the ICCPR as applied to Hong
Kong. In that context, article 1
of the BORO gives effect to the provisions of the ICCPR in regard to the
enjoyment of rights without
distinction. Article 22 gives effect to the
provisions of the ICCPR in regard to discrimination, insofar as such
discrimination
is on the part of the Government and public authorities and any
persons acting on behalf of the Government or a public authority.
Sex Discrimination Ordinance
- The
Sex Discrimination Ordinance (SDO, chap. 480) was enacted in July 1995. It came
into full force in 1996. The Ordinance renders
unlawful discrimination on the
grounds of sex, marital status or pregnancy in prescribed
areas[.] It also outlaws
sexual harassment. The Equal Opportunities Commission - established under the
SDO - is responsible for the implementation
of the Ordinance.
Disability Discrimination Ordinance
- The
Disability Discrimination Ordinance (DDO, chap. 487) has been in full operation
since December 1996. The Ordinance provides the
legal means to ensure equal
opportunities for people with disabilities and to facilitate their integration
into the community to
the fullest extent possible. It gives people with
disabilities and their associates the legal means to assert their right to equal
opportunities and to obtain redress for discrimination, harassment and
vilification. The Ordinance makes it unlawful to discriminate
against or harass
people with disabilities and their associates in the same areas as does the
SDO.
Promotion of equal opportunities in respect of race and
sexual orientation
- The
HKSAR government is committed to the promotion of equal opportunities for all,
considering that all forms of discrimination -
including racial discrimination -
are wrong. At the same time, we believe that each form of discrimination has
its own characteristics,
including the particular ways in which they may be
manifest in Hong Kong. Therefore, strategies for combating them must be
appropriate
to the particular form of discrimination that they are intended to
address. Thus, in the case of discrimination on the grounds of
sex, disability
and family status, we have considered the legislative approach to be
appropriate. In the case of discrimination
on the grounds of race and sexual
orientation, our considered view - following extensive research and public
consultation - has been
that, for the present, a combination of administrative
measures and public education offers the best way forward.
- This
remains our position in regard to sexual orientation as at the time of drafting
this report. However, in response to domestic
calls and with a view to the
designation of the year 2001 as the International Year for the Mobilization
Against Racism, we are currently
revisiting the question of race. In the course
of the year, we will discuss the issues and their implications with
representatives
of those most likely to be affected by legislation in this area,
namely the ethnic minorities and the business sector. We expect
to reach a
conclusion in early 2002.
- Meanwhile,
our programme of public education and administrative measures remains effective.
Between 1997 and 2000 we spent some HK$
7 million on measures to promote equal
opportunities in these areas. And we will spend about $2.8 million in 2001.
Those measures
include extensive publicity programmes, community participation
projects and discrete codes of practice for employers and employees.
- In
paragraphs 23, 24 and 32 of its concluding observations, the Committee made
several suggestions regarding the evaluation of public
awareness and
understanding of the Convention and of the need to prevent and combat
discrimination. It also made suggestions regarding
the evaluation of the
effectiveness of human rights education. In paragraph 18 of the updating
report, we affirmed our agreement
with those suggestions and undertook to
consider making appropriate provision in a future civic awareness survey.
Independently,
the Equal Opportunities Commission was closely monitoring
discrimination on the grounds of sex and
disability[.]
- In
2000, we investigated the extent to which materials aimed at fostering racial
tolerance among schoolchildren were reaching the
classrooms. The findings were
broadly encouraging. But the response rate was too low for a scientific
evaluation. And we were
not, at the time, in a position to assess the impact on
the children reading the materials. As at the time of drafting this report,
we
were considering the possibility of commissioning consultants to investigate the
issue in greater depth and with scientific rigour.
But we were deferring action
pending the outcome of the discussion referred to in paragraph 91 above in
regard to legislation in
this area.
- Commentators
have expressed concern that the rights of children from the ethnic minorities
should not be affected by cultural or language
barriers. They have called on
the Government to review existing services to ascertain whether they are
culturally sensitive.
Most of these issues relate to education, though we recognize that other
factors are also entailed. These matters are addressed in
paragraphs 406-416
below, in regard to article 28; in paragraph 435, in regard to article
29 (c), and in paragraph 534 below, in
regard to article 30.
The Parent and Child Ordinance
- As
explained in paragraph 46 of the previous report, the Parent and Child Ordinance
(chap. 429) removed legal disadvantages that formerly
applied to
illegitimate children. It provides that in all legislation and all future
documents, whether private or public, references
to relationships such as
“parent” and “child” must include references to
illegitimate relationships unless
a contrary intention is expressly stated.
Consequential amendments to other legislation extended the principle. For
example, the
Guardianship of Minors Ordinance (chap. 13) now enables either
parent to apply for the same range of maintenance orders for a child,
irrespective of its legitimacy. Similarly, the Intestates Estates Ordinance
(chap. 73) now enables the illegitimate issue of a person
who dies intestate to
enjoy the same rights as the deceased’s legitimate issue. The position
has not changed.
- The
case of Ng Ka Ling and Others and Director of Immigration illustrates the
protections afforded to the rights of children born out of wedlock. Article 24
(2) (3) of the Basic Law provides
that the permanent residents of Hong Kong
include persons of Chinese nationality born outside Hong Kong, of Chinese
citizens born
in Hong Kong before or after the establishment of the Hong Kong
Special Administrative Region and Chinese citizens who have ordinarily
resided
in Hong Kong for a continuous period of not less than seven years before or
after the establishment of the Hong Kong Special
Administrative Region. In Ng
Ka Ling’s case, the Court of Final Appeal ruled that this category of
permanent residents included
persons born in as well as out of wedlock. In
reaching this ruling, the Court considered that two principles were relevant.
First,
both the Basic Law and the ICCPR enshrine the principle of equality,
which is the antithesis of any
discrimination[.] The Court
observed that, following a clear trend in recent years, Hong Kong domestic
legislation usually treated illegitimate children
on an equal footing with
legitimate children. Secondly, the ICCPR recognized that the family was the
natural and fundamental group
unit of society and was entitled to protection by
society and the State.
The Protection of Children and Juveniles Ordinance (chap.
213)
- As
explained in paragraph 47 of the previous report, the Protection of Children and
Juveniles Ordinance provides for the protection
of children or juveniles who
have been, or are suspected to have been, abused physically, psychologically,
sexually, or through neglect.
The protection applies to all children and
juveniles, irrespective of gender, ethnic origin, ability (or disability),
legitimacy
(or illegitimacy), and so forth.
Immigration Ordinance (chap. 115)
- Section
4 of the Immigration (Places of Detention)
Orde[r] prescribes the
requirements for the treatment of illegal immigrants aged under
1[8] who are held in places
of detention. The Order guarantees that treatment accorded to young illegal
immigrants is the same as for
local children and juveniles detained in a place
of refuge under the Protection of Children and Juveniles Ordinance (chap.
213).
Non-discrimination in major aspects of child
welfare
Education
- Equal
treatment for students of either sex is a matter of established policy. The
Education Department encourages schools to promote
the concepts of equality and
equity in all aspects of life and reminds them of their role in ensuring equal
opportunities in the
learning process.
- The
education of disabled children is discussed in paragraphs 343-359 below, in
relation to article 23. That of newly arrived migrants
from the Mainland and
children from the ethnic minorities is discussed in paragraphs 406-416 in
relation to article 28.
Welfare
- As
explained in paragraph 51 of the previous report, all children, regardless of
age, sex, race, ability (or disability), or cultural,
linguistic or religious
background, have equal access to welfare services on the basis of the same
eligibility criteria. Such services
include adoption, foster care, residential
childcare, protection and so forth.
Recreation, culture and media
- The
position remains essentially as explained in paragraph 52 of the previous
report, though the Government’s Leisure and Cultural
Services Department
has assumed responsibility for these matters from the former municipal councils
(see Part I, paragraphs 17 and
18). The Government’s policy is that all
children shall have the opportunity to take part in recreational, sports and
cultural
activities, without discrimination of any kind.
B. Article 3 - Best interests of the child
- The
interests of the child are primary in the formulation and dispensation of all
legislation and policies relating to or affecting
children. It is also
paramount in all actions undertaken by social welfare facilities, courts of law,
administrative authorities
or legislative bodies.
Court orders in relation to child protection
- There
are cases where, having received assistance from the Government or from NGOs,
parents nevertheless do not adequately protect
their children. In these
circumstances, the court has powers to order the children concerned to be placed
under care or protection,
with a view to protecting their interests.
Specifically:
(a) The Protection of Children and Juveniles
Ordinance (chap. 213): as explained in paragraph 56 of the
previous report, this empowers the court to grant care or supervision
orders in respect of
children or juveniles who have been abused, ill-treated,
neglected, or are beyond control to the extent that harm may be caused to
them
or others.
The Director of Social Welfare may be appointed as the legal guardian by
court order. The children may be committed to the care of
persons or facilities
fit to take care of them, or to supervision by social welfare officers.
Alternatively, parents or guardians
may be ordered to enter into recognizance to
exercise proper care and guardianship. The Ordinance provides for orders
permitting
authorized officers to search any place with a view to the removal
and taking into care of any child or juvenile who appears to be
in need of care
or protection. A child’s parents or guardians may be required to take the
child for medical, psychological
or social assessment when a Child Assessment
Order is issued;
(b) The Guardianship of Minors Ordinance (chap. 13) and the High Court
Ordinance (chap. 4): empower the Director of Social Welfare to
initiate applications to the District Court or the Court of First Instance for
making
orders on maintenance, legal guardianship, and care or supervision of
children or juveniles who need regularization of their legal
rights in the
absence of or to the exclusion of surviving parents; and
(c) The Matrimonial Causes Ordinance (chap. 179): empowers the
District Court or the Court of First Instance to appoint the Director of Social
Welfare to be the legal guardian or
custodian, or to assume care and control or
supervision of children whose parents are found to be unfit to exercise their
parental
rights due to judicial separation or divorce.
Representation of children in courts
- As
explained in paragraph 59 of the previous report, when a child and other parties
concerned are present before the court, the judge
may ask for and ascertain the
views of the child. The Official Solicitor Ordinance (chap. 416) allows
judges to appoint the Official
Solicitor to represent the child.
The Adoption Ordinance (chap. 290) authorizes the appointment of
the Director of Social Welfare as guardian ad litem to act on behalf
of children
in adoption proceedings and, under certain circumstances, section 12 of the
Adoption Ordinance provides that some persons
other than the Director of Social
Welfare can be appointed to act as guardian ad litem. The duty of the
guardian ad litem is to
investigate as fully as possible all circumstances
relevant to a proposed adoption with a view to safeguarding the interests of the
child before the Court. The Official Solicitor Ordinance (chap. 416) provides
for separate representation by the Official Solicitor,
where necessary.
- Care
and protection orders are issued by the magistrates courts. Some commentators
consider this unsuitable because, they say, the
children in question are often
placed in the same rooms as juvenile offenders, are frightened, confused, and
perceive themselves
as being guilty of wrongdoing. The commentators who
take this view consider the court procedure to be a form of degrading,
even
cruel, treatment and raised the issue in regard to article 16 of the
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment
or Punishment. We addressed the issue in paragraphs 241 and 242 of our report
under that Convention (CAT/C/39/Add.2),
considered by the Committee against
Torture (CAT) in May 2000. The following paragraphs repeat the explanation that
we gave CAT,
both in our report and in paragraph 43 of the updating report
that we submitted before the hearing.
- As
we advised CAT, the arrangements are in accordance with section 34 of the
Protection of Children and Juveniles Ordinance (chap.
213) which was originally
drafted on the model of the corresponding United Kingdom legislation. We
recognized that most of our magistracies
were designed for the conduct of
criminal proceedings and that some children might find them somewhat forbidding.
Court officials
did what they could to reduce any stress that children involved
in care and protection cases might experience. For example:
- Where conditions
(such as the caseload in a particular court) permitted, they would schedule
the hearing of criminal cases on different
days - or at different
sessions from care and protection cases;
- In the event
that children involved in criminal proceedings and children in need of care or
protection orders were attending the same
court, they would not be placed in the
same waiting room. Police officers would look after them and ensure that there
was no contact
between the two groups;
- Children
involved in care or protection cases were accompanied by their family members
and/or social workers to provide emotional
and psychological support; and
- Where physical
constraints permitted, children in particular need of emotional support might be
invited to await their hearings in
the office of the duty probation officer.
This arrangement was admittedly not ideal, but it afforded a measure of privacy
and a
sense of security.
- Since
then, separate waiting rooms have been set aside for the use of children
awaiting care and protection hearings. The rooms are
located closest to the
juvenile courts of the five magistracies concerned so that they will not
meet either adult or juvenile defendants
in criminal cases. New magistracy
buildings now being built in Kowloon City, West Kowloon and Hong Kong
Island will have separate
juvenile criminal courts, care and protection courts,
and waiting rooms with separate access.
Law Reform Commission (LRC) review of guardianship and
custody
- In
1995, in the light of major reforms of this area of the law in other
jurisdictions, the Law Reform Commission was asked to review
the law relating to
the guardianship and custody of children. An LRC subcommittee was established,
which - in 1998 - issued a detailed
consultation document, running to some 350
pages. In reviewing the responses to that paper, the subcommittee took the
view that
the various concerns would best be addressed by submitting their
recommendations to the full Commission in four separate reports:
(a)
guardianship; (b) child abduction; (c) mediation in disputes involving
children; and (d) custody and access.
- The
Commission has now considered the subcommittee’s report on guardianship
and plans to issue the final Commission report and
recommendations in early
2002. Final reports on the other three aspects of this project will follow
over the next 12 months or so.
The Government will consider the recommendations
- and form its views on them - as they become available.
Policy
- In
his Policy Addresses of 1999 and 2000, the Chief Executive stressed the
importance of strengthening support to parents in the discharge
of their
parental responsibilities and in providing guidance to their children.
Accordingly, we have allocated additional resources
for the promotion of family
education and the organization of activities to foster closer parent-child
relationships. This is further
discussed in section VI below.
Welfare facilities
- Several
kinds of welfare facilities and service units provide care for children
requiring different types of care in different circumstances.
That is, their
functional remits reflect the particular form of care that they provide. But in
all of them, the core operational
principle is that the best interests of the
child are paramount. Their work is discussed in the relevant sections of this
report.
Specifically:
(a) Family services centres: are the first point of call for
families needing help or advice. Their primary goal is to preserve and
strengthen the family for
the healthy growth and development of the children.
This is achieved through such services as individual and group counselling,
referrals for tangible and supportive services, and through statutory services
provided by the Social Welfare Department for the
care or protection of children
in need. In all these processes, the interests of the child are of paramount
concern. This aspect
of the Centres’ work is discussed below in relation
to article 18 of the Convention;
(b) Child custody services unit: assesses all aspects
of the welfare of children affected by parental divorce and provides reports to
assist judges in determining
questions of custody, guardianship and access.
They are discussed below, in relation to article 9 of the Convention;
(c) Family and child protective services units: afford
protection to children who are victims of abuse and of domestic violence. Their
work is discussed below, in relation to article
19 of the Convention;
(d) Children’s homes and other facilities for their
protection: provide institutional care, protection or custody for
children specific to their circumstances, as decided by the courts.
Individually,
they function as places of refuge for children in need of care or
protection, places for holding children on remand pending investigation
or
trial, or places of detention for young offenders. The interests of the
children are of paramount concern and safeguards are
in place to ensure those
interests. These include, for example, statutory and procedural requirements
and a monitoring system.
Their work is discussed below in relation to article
20 of the Convention;
(e) Childcare centres: provide care services in a safe
and nurturing environment for children aged under 6. They are discussed
below in relation to articles 18.1 and 18.2 of the Convention;
(f) Occasional childcare service and extended hours
service: these are supplementary to regular day-care services for
parents who cannot take care of their children. The services are provided
on an
occasional basis or outside normal operating hours. They are discussed below in
relation to articles 18.1 and 18.2 of the
Convention; and
(g) Childcare centres advisory inspectorate: visits
and advises all childcare operations to ensure that they provide adequate
standards of care and are conducive to children’s
physical, social,
emotional and intellectual development. The Inspectorate’s work is
discussed below, in relation to articles
18.1 and 18.2 of the Convention.
C. Article 6 - The right to life, survival and
development
- The
right to life is guaranteed under article 2 of the BORO, which gives effect in
domestic law to ICCPR.
- In
June 1997, the Offences Against the Person Ordinance (chap. 212) was amended.
Now, the Ordinance gives the court discretion -
in respect of a person convicted
of murder and who was under 18 years of age at the time of the offence - as to
whether the person
should be sentenced to imprisonment for life or to
imprisonment for a shorter term.
- Matters
pertaining to the survival and development of the child (art. 6.2) are discussed
in paragraphs 296-341 below, under article
6.2 and article 24. This includes
calls by commentators for statistics on accidents involving children travelling
on school buses
for Government to make it mandatory to wear seat belts in such
buses (para. 330).
D. Article 12 - Respect for the views of the child
- As
explained in the previous report, children who are capable of forming their own
views are encouraged to express themselves freely
on all matters affecting them.
This section addresses areas in which the exercise of the right to free
expression is of particular
consequence.
Custody and guardianship
As explained in paragraph 67 of the previous report,
social workers of the child custody services units encourage children involved
in custody and guardianship cases to express their views on custody and access
arrangements. Those views - which the units take
into account before making
recommendations to the courts - address such matters as the child’s
relationship with each parent
and significant others, the likely effect of
separation from either parent and other siblings, and access arrangements. As
far as
practicable - having regard to the child’s age, maturity and level
of understanding - the units also involve the children in
the formulation of the
welfare plan.
Medical consultation, treatment and assessment
- In
paragraph 68 of the previous report, we explained that medical consultation,
treatment and assessment required the consent of children
assessed as possessing
sufficient understanding and intelligence to comprehend the proposed treatment
and its consequences. The
attending doctor would assess the child’s
mental capacity and explain his/her consultation and treatment in
a way that is comprehensible to the child. Where they lacked such
understanding, their parents or guardians should make the decision in the best
interest of the children. Where
it was considered that their parents had failed
to do that, the doctor attending to the child could apply to the court to have
their
decision reversed. In paragraph 69, we explained that children could not
make valid consent to the donation of living organs, nor
could their parents or
guardians give consent on their behalf[. ] The
position remains unchanged.
- In
paragraph 70 of the previous report, we described the circumstances in which
doctors might be justified in giving treatment, without
the parent’s
consent, to children with mental impairment. The guiding principle was that
doctors should be able to do whatever
good medical practice required in the best
interests of the patient’s health. The specific circumstances were
where:
(a) Treatment was necessary to save life, or to prevent
serious deterioration of the patient’s health; and
(b) Patients were likely to be permanently incapable of giving consent and
there was nobody in a position to do so on their behalf.
The position remains unchanged[. ]
Childcare placements
- In
considering out-of-home placement, social workers discuss with the children
involved the reasons for such placement and the choices
available. In so doing,
they use language that the children can understand having regard to their age,
maturity and circumstances.
They encourage the children to express their views
on the proposed placement and on their future aspirations. A change of
placement
will be made if that is in a child’s best interests.
Multidisciplinary case conference on child abuse
- These
are forums in which
professional[s] directly
involved with children who are, or are believed to be, victims of child abuse,
share their professional knowledge, information
and advice. The purpose is to
analyse risks and formulate welfare plans for abused children and their
families, to determine whether
a particular case is genuinely one of child
abuse, and to formulate a welfare plan. The paramount principle that informs
the process
is the need to protect the best interests of the child. The
children and their families are invited to participate and to take an
active
role in the implementation of the welfare plan.
- In
1998, the Social Welfare Department, on behalf of the Committee on Child Abuse,
commissioned research on “Professional, Parental
and Victims’
perspectives on the Process and Outcomes of Investigation, Assessment and
Intervention by Child Protection Professionals
in Child Sexual Abuse Cases in
Hong Kong”. This confirmed that the professionals in case conferences
explored and considered
the views of the children and their parents during the
investigation process. In formulating the welfare plans, they respected and
addressed the views of the children and sought the parental perspective on
professional intervention.
Views of the child: children in adoption
proceedings
- This
is addressed below in relation to article 21 of the Convention.
Views of the child: children in penal institutions
- This
is addressed below in relation to article 37 (b), (c) and (d).
Children as bearers of rights
- In
paragraphs 25 and 32 of its concluding observations, the Committee suggested
that, in the spirit of article 12 of the Convention,
greater priority should be
accorded to the participation of children in school life and that a study be
conducted from the perspective
of children on their participation in family,
school and society.
- The
position remains as explained in paragraph 21 of the updating report. That is,
we attach importance to children’s participation,
as is reflected in
government and NGO publicity and public education programmes that seek to
develop public consciousness of the
need for children to participate in society.
Our schools require teaching staff to create a positive, inviting and caring
school
environment to encourage and facilitate students’ participation.
Staff development programmes train persons working with children
to involve them
in programme planning as befits their age and maturity. See also the related
discussion in paragraphs 427-431 below,
in relation to article 29.
- In
the course of the current curriculum reform exercise, the Education Department
has given high priority to fostering such values
as human dignity, justice,
equality, freedom, respect for others, and so forth. Children learn about the
rights they bear through
various subjects that are taught at the levels
appropriate to their age and development. Examples at the primary level include
general
studies. Examples at the secondary level include civic education,
social studies, economic and public affairs, government and public
affairs. The
Education Department’s “Guidelines on Civic Education in
Schools” provide a reference for schools
in designing civic education
programmes. They also encourage theme-based activities to foster awareness and
understanding of human
rights issues.
- Commentators
have said that the Government should organize community events to promote
child/parent understanding. We have noted
this proposal and, as a first step,
we arranged for the Child Ambassadors to put their views on this to a regular
meeting of the
Parent Steering Committee on Education. The Committee
responded positively to their ideas and there will be further meetings of
this
kind.
- We
have discussed this with the Ambassadors and the child-focused NGOs and have
agreed that the Ambassadors should lead the way by
stimulating discussion of the
issues in the schools, encouraging their peers to engage their parents in
dialogue. As stated in paragraph
65 above, the Ambassadors have actively
participated in the production of a new API. This will take as its theme the
need for parents
and other adults to listen to the views of their children.
We will consider other ways of disseminating the message at a later
stage.
V. CIVIL RIGHTS AND FREEDOMS
A. Article 7 - Name and nationality
Right to a name
- Article
20 (2) of the Bill of Rights provides that every child shall be registered
immediately after birth and shall have a name.
The Births and Deaths
Registration Ordinance (chap. 174) also provides for a child who is not named at
the registration of birth
to have its name inscribed on the register at a later
time.
Registration of newborns
- As
explained in paragraph 75 of the previous report, the Births and Deaths
Registration Ordinance provides that the particulars of
a child born alive in
Hong Kong must be registered with the Births Registry within 42 days of the
birth. Registration particulars
include the date of birth, the child’s
sex and name, the father’s name and surname (but see paragraph 133 below),
the
mother’s name and maiden surname and the registering party’s
residential address and description. The position is unchanged.
Parents who,
without reasonable excuse, fail to register a birth are liable upon summary
conviction to a fine of up to $2,000 or
six months’
imprisonment.
Illegitimate children
- As
explained in paragraph 77 of the previous report, the Births and Deaths
Registration Ordinance provides that the name of the father
of an illegitimate
child is not required to be included in the registration of birth.
Nevertheless, the father may be named at the
request of one or both
parents, together with the necessary declarations or court orders. The position
is unchanged.
Abandoned children
- As
explained in paragraph 78 of the previous report, section 8 (2) of the Births
and Deaths Registration Ordinance requires persons
who find abandoned children,
or the persons in whose charge the children are placed, to report the finding to
the Registrar of Births
and Deaths. Within 42 days of the finding, they must
give such particulars of the birth as they possess and as are relevant to
the
registration process. If the natural parent(s) cannot be traced within a
reasonable time, an application will be made to court to
appoint the Director of
Social Welfare to be the guardian of the
child[. ] If the child’s identity remains
unknown, it will then receive a name for registration purposes. The position is
unchanged.
Adoption
- As
explained in paragraph 79 of the previous report, sections 18 and 19 of the
Adoption Ordinance (chap. 290) provide that the Registrar
of Births and
Deaths (the Registrar) shall maintain an Adopted Children Register, “in
which shall be entered entries directed
by adoption orders” of the court.
Those entries include the date and country of the child’s birth,
its name and the address and occupation of the adopter(s). That
procedure is unchanged. The position regarding the alteration of
an
adopted person’s name is explained in paragraph 138 below, in connection
with article 8 of the Convention.
Births on aircraft and ships
- The
position is essentially as explained in paragraphs 81 and 82 of the previous
report. That is:
(a) Births on Hong Kong-registered
aircraft: regulations under the Civil Aviation (Births, Deaths and
Missing Persons) Ordinance (chap. 173) require the Civil Aviation Department
to
keep records of such births, wherever they occur. The Department must copy
those records to the Registrar of Births and Deaths;
and
(b) Births on Hong Kong-registered ships: are regulated under
the Merchant Shipping (Seafarers) Ordinance (chap. 478) and/or the Births and
Deaths Registration Ordinance (chap.
174). Where the birth occurs on a Hong
Kong-registered ship outside Hong Kong waters, only chapter 478 applies. The
master of the
ship must make a return to the Superintendent of the Mercantile
Marine Office within six months. Where the birth occurs on a Hong
Kong-registered ship within Hong Kong waters, both chapter 478 and chapter 174
apply. In addition to the return to the Superintendent
of the Mercantile
Marine Office, the parents or occupier of the ship in which the birth
occurs must register the birth to the Registrar
of Births and Deaths
within 42 days after the day of the birth.
Chapter 478 also applies to births on ships not registered in Hong Kong when
the birth is to a Hong Kong identity card holder and
the ship enters the waters
of Hong Kong in the course of or at the end of the voyage during which the birth
occurs. The Superintendent
of the Mercantile Marine Office must record such
birth and, within seven days, send a certified copy of the record to the
Registrar
of Births and Deaths. Chapter 478 does not apply to fishing vessels
licensed under Part IV of the Shipping and Port Control Ordinance,
chapter 313.
Births on licensed fishing vessels operating only within Hong Kong waters
are subject to the Births and Deaths Registration
Ordinance.
Nationality
- The
Nationality Law of the People’s Republic of China (CNL) applies to Hong
Kong by virtue of article 18 of the Basic Law.
Article 4 of the CNL provides
that any person born in China whose parents are both Chinese nationals, or one
of whose parents is
a Chinese national, shall have Chinese nationality. Article
6 of the CNL states that any person born in China whose parents are
stateless or
of uncertain nationality and have settled in China shall have Chinese
nationality. The CNL became effective in the Hong Kong Special Administrative
Region
on 1 July 1997. Having considered the historical background
and the current situation, the Standing Committee of the National People’s
Congress has made certain “explanations” regarding the
implementation of the Nationality Law of the People’s Republic
of China in
Hong Kong. Inter alia, these provide that Hong Kong residents who are of
Chinese descent and are born in Chinese territory
(including Hong Kong),
and others who satisfy the conditions prescribed in the CNL, are Chinese
nationals. Thus, children born in
Hong Kong have the right to acquire Chinese
nationality if they satisfy the conditions of the CNL.
B. Article 8 - Preservation of identity
Name alteration
- The
position remains as explained in paragraphs 88 and 89 of the previous report.
That is:
(a) Section 13 of the Births and Deaths Registration
Ordinance provides for a parent or guardian to alter or to add to the given
name
- but not the surname - of a child under 11 years of age;
(b) The registration of a name is optional (section 13 (1) of the
Ordinance); and
(c) To mark the new life of an adopted child, its adoptive parents may alter
the child’s name when they apply for adoption.
Under sections 19 (2) (b)
and 20 (1) (a) of the Adoption Ordinance, an adopter - or the adopted child -
may, within one year of
the date of an adoption order, apply to the court to
change or add to the child’s name. Section 19 (2) (b) of that
Ordinance provides that, where the name or surname that the infant is to bear
after adoption differs from
its original name or surname, the new name or
surname shall be specified in the (adoption) order instead of the original. In
practice,
the Registrar of Births follows the order of the court in this regard,
if any. The child’s name and surname are normally proposed by the
adopters, especially in the case of very young children. Adopters
will normally
consider the views of older children before registering their names.
- In
paragraph 88 of the previous report, we explained that some commentators
considered that these provisions were inconsistent with
articles 7 and 8 of the
Convention. We did not share that view, considering that the provisions were
reasonable, having regard to
Hong Kong’s cultural and social
circumstances. We explained that, in Chinese tradition, if a person’s
name was not in
harmony with his or her environment, adverse effects could be
caused to that person and to those around him or her. Therefore,
children’s
names were often chosen, and in some cases subsequently
changed, on the advice of fortune-tellers. For these reasons, births were
sometimes registered before the children’s names had been finally decided.
The statutory provisions enabled these traditions
to continue. The position is
unchanged.
Preservation of nationality
- The
position of children born in Hong Kong is explained in paragraph 137 above.
Re-establishing a child’s lost identity
- This
is explained in paragraph 134 above in relation to article 7.
Child abduction
- We
are not aware of any cases of children in Hong Kong being abducted for
unauthorized adoption. But child abduction for any purpose
is a serious
offence. The relevant legal provisions are:
(a) Section 126
of the Crimes Ordinance (chap. 200): makes it an offence to take an
unmarried girl under the age of 16 out of the possession of her parent or
guardian against the will
of the parent or guardian and without lawful authority
or excuse;
(b) Sections 42 to 44 of the Offences Against the Person Ordinance (chap.
212): make it an offence to take or detain anyone by force or fraud with
intent to sell them (sect. 42); to steal a child aged under
14 years (sect. 43);
and to unlawfully transfer possession, custody or control of other persons for
valuable consideration (sect.
44); and
(c) Section 26 of the Protection of Children and Juveniles Ordinance
(chap. 213): makes it an offence unlawfully to take (or cause to be
taken) any child or juvenile out of the possession and against the will
of the
father or mother or of any other person having the lawful care or charge of such
child or juvenile.
Some of these provisions are complex and this summary inevitably omits much
of the detail. The provisions are reproduced in full
at annex IVA.
C. Article 13 - Freedom of expression
- At
the constitutional level, article 27 of the Basic Law provides that all Hong
Kong residents shall have freedom of speech, of the
press and of publication.
So too does article 16 of the BORO, which gives domestic effect to
ICCPR.
Right to obtain information
Code on Access to Information
- Our
policy is to make available to the public as much information as possible to
enhance their understanding of the formulation and
implementation of policy, so
that they can more readily understand the basis on which the Government makes
decisions. To that end,
in March 1995 we introduced an administrative Code
on Access to Information, initially on a pilot basis but, by December 1996,
across
the whole of Government. Under the Code, information held by the
Government is made available to the public, either routinely or
on request,
unless there are valid reasons - related to public, private or commercial
interests - to withhold it. Members of the
public who are dissatisfied with a
department’s response under the Code have access to the Ombudsman. Both
adults and children
receive the same treatment under the Code. The Code is
reproduced at annex IVB.
Privacy
- The
Personal Data (Privacy) Ordinance (chap. 486) provides for a living individual,
including a child, to have rights of access to,
and correction of, his or her
personal data. Children have the same rights of access under the Ordinance as
do adults. The Ordinance
also provides for a person who has parental
responsibilities for a child to assist the child to access or correct its
personal data.
Commentators have said that parents should show greater respect
for their children’s privacy, particularly in the home. This
is a
difficult area for Governments to address directly, particularly as the best
interests of children must balance their right
to privacy (art. 16) with the
responsibilities of parents for the upbringing and development of their children
(art. 16). Nevertheless,
we will take account of the concern in future public
education projects.
Access to birth data by adopted children
- See
paragraph 259 in relation to the review of the Adoption Ordinance.
D. Article 17 - Access to appropriate information
Television for children
- Two
domestic broadcasters provide free television services. Their licences require
them to broadcast a minimum of two hours of children’s
programme[s ]daily on each of their channels
and at prescribed times. Domestic pay-television licensees also provide
programmes for children.
Educational television programmes
- Radio
Television Hong Kong (RTHK), Hong Kong’s public broadcaster, produces
educational television programmes for schools in
collaboration with the
Education Department. These are broadcast by the two domestic licensees between
prescribed weekday hours[.]
The programmes may be curriculum-based, and are watched by pupils from primary
level one to secondary level five.
Library services for children and promotion of leisure
reading
- This
is addressed in paragraphs 446 and 447 below in relation to article 31 of the
Convention.
Access to the Internet
- Our
policy is to raise community awareness and confidence in the use of information
technology and to foster a culture of life-long
learning and knowledge renewal.
To those ends, we aim to promote the wider use of computers and the Internet and
to ensure that
our children have ready access to the world of information
technology.
- A
survey conducted in March 2000 indicated that one in every two Hong Kong
households possessed a computer. More than one third of
the population were
connected to the Internet. These findings reveal a high level of home
computer and Internet penetration. Nevertheless,
we have actively sought to
facilitate computer/Internet access in public areas, including those visited by
children. To that end,
we have installed some 2,200 public computers with
Internet access in district government offices, community hall/centres, post
offices,
public libraries and various youth and social centres. These are
available to the public without charge. And, as elsewhere, such
facilities are
widely available in private sector outlets.
- In
1997, we announced a series of initiatives to promote the use of information
technology (IT) in teaching and learning in schools.
Under this project, each
school receives funding to establish a network infrastructure and other IT
facilities for teachers and
students to share information, to tap into the
wealth of knowledge available through the various electronic networks, and to
make
IT-based teaching and learning more efficient and effective. All our
schools can now access the Internet.
- To
minimize the “digital divide”, we provide incentive grants to
encourage schools to extend the opening hours of their
computer rooms and
facilities for use by students. Additionally, we have allocated HK$ 200
millio[n ]to enable public sector secondary
schools to purchase notebook computers for loan to needy students.
- Public
libraries and some 125 community and youth centres also play an important role
in bridging the gap between the “haves”
and “have-nots”.
Since July 1999, students have had access to IT facilities that we have
installed in all public libraries
and in community and youth centres around the
territory. These enable them to browse the Internet and to use computer
applications
for self-study outside school hours. Additionally, the Education
Department’s web site, HKeducationCITY.net (launched in August
2000), provides online teaching materials for schools, teachers, students and
parents, and a forum for them to
share views and experience.
Protection of children from injurious material
Regulation of radio and television programmes
- Television
and sound broadcasting are subject to regulation by the Broadcasting Authority.
The Authority has issued codes of practice
that set programme and advertising
standards for the four categories of television
programme[s] licensed under
the Broadcasting Ordinance (chap. 562) and sound broadcasting services licensed
under the Telecommunications Ordinance
(chap. 106). The Ordinance and the
Broadcasting Authority Ordinance (chap.
391[)] empower the
Authorit[y ]to impose sanctions on licensees
who do not comply with the Codes.
- The
domestic broadcasters (see paragraph 147 above) are:
(a) Prohibited
under chapter 2 of the Generic Code of Practice on Television Programme
Standards from broadcasting programmes unsuitable
for children during family
viewing hours[.] They must
not show material unsuitable for children outside those hours when a large
number of children might be expected to be
watching television, for example
during school holidays; and
(b) Required to classify programmes regarded as unsuitable for children by
category, namely Parental Guidance Recommended and Mature.
They must advertise
the classification before and during the transmission by superimposing
indicators on the screen.
- Programmes
provided by domestic pay-television services must carry advisory announcements
together with a descriptive statement of
problematic content if they contain
material that is unsuitable for children (chapter 8 of the Generic Code of
Practice on Television
Programme Standards). And sound broadcasting licensees
must not schedule programmes targeting adult listeners at times when they
normally broadcast programmes targeting children. The purpose of these
requirements is to help parents exercise guidance over their
children’s
viewing.
- Some
commentators have called for more programmes suitable for children -
particularly for adolescents in the 15-18 group - to be
broadcast after 7 p.m.,
which is prime viewing time. We plan to conduct a review of these services
before the two domestic free
television service licences expire in 2003. As
part of the review process, the Broadcasting Authority will seek public views as
to whether the existing services meet the needs of society and their
expectations in regard to future services. A question to be
addressed in the
consultations will be whether the licences should include positive programming
requirements.
Films, videotapes and laser discs
- All
films intended for public viewing in Hong Kong (including videotape and laser
disc versions) are subject to classification by
the Commissioner for Television
and Entertainment Licensing, who is the Film Censorship Authority. There are
three categories:
Category I - suitable for all ages;
Category IIA - not suitable for children;
Category IIB - not suitable for young persons and children;
and
Category III - for persons aged 18 or above only.
- Regular
surveys of community views and consultation with a statutory panel of
adviser[s] ensure that the
classification standards are attuned to those of the community. Categories I,
IIA, and IIB are advisory in nature and give parents more
information for the selection of films suitable for their children. The age
restriction
for Category III films is strictly
enforced[. ]
- Sections
10 (2) and (3) of the Ordinance provide that, when approving a film for
exhibition, censors must consider:
(a) Whether the film portrays,
depicts or treats cruelty, torture, violence, crime, horror, disability,
sexuality, or indecent or
offensive language or behaviour;
(b) Whether the film denigrates or insults any particular class of the
public by reference to the colour, race, religious beliefs
or ethnic or national
origins or the sex of the members of that class;
(c) The effect of the film as a whole and its likely effect on the persons
likely to view the film;
(d) The artistic, educational, literary or scientific merit of the film and
its importance or value for cultural or social reasons;
and
(e) The circumstances of any intended exhibition of the film.
Control of obscene and indecent articles
- Our
policy objective in the control of obscene and indecent articles is to protect
public morals and young people from harmful effects
of obscene and indecent
materials while preserving the free flow of information and safeguarding the
freedom of expression. Advertising
for category III films and films
that are for public exhibition is regulated under the Film Censorship
Ordinance. Those that are
not for public exhibition are regulated under
the Control of Obscene and Indecent Articles Ordinance (COIAO) (chap.
390). The COIAO prohibits the publication of obscene articles
and restricts the
publication of indecent articles (including printed matter, sound recordings,
films, videotapes, discs, electronic
publications and records of pictures).
The Television Ordinance (chap. 52) and the Telecommunication Ordinance
(chap. 106) govern
the content of sound and television broadcasts.
- Section
2 (2) of the COIAO provides that:
“(a) A thing is obscene if
by reason of obscenity it is not suitable to be published to any person; and
(b) A thing is indecent if by reason of indecency it is not suitable to be
published to a
juvenile.[̶]
And section 2 (3) provides that “obscenity” and
“indecency” include “violence, depravity and
repulsiveness”.
- Section
8 of the Ordinance prescribes a classification hierarchy under which articles
may be:
Class I - neither obscene nor indecent;
Class II - indecent; or
Class III - obscene.
Class I articles may be published without restriction. Class II articles
must not be published to
a juvenile[.]
Publication of class II articles must comply with the restrictions prescribed in
relevant sections in Part IV of the Ordinance.
These include the requirements
to seal such articles in wrappers and to display a statutory warning notice as
prescribed in section
24. Class III articles must not be published.
The Ordinance is enforced by the Television and Entertainment Licensing
Authority
(TELA), Customs and Excise Department and the police.
- The
COIAO also provides for the establishment of an Obscene Articles Tribunal. This
is a judicial body with exclusive jurisdiction
to determine whether an article
is obscene, indecent or neither. The Tribunal comprises a presiding magistrate
and two or more members
of the public selected from a wide spectrum of the
community to serve as adjudicators. Submission of articles to the Tribunal is
entirely voluntary. But the Secretary for Justice and any public officer
authorized by the Chief Secretary for Administration may
submit any article to
the Tribunal for classification. In determining whether an article is obscene
or indecent, a Tribunal shall
have regard, among other things, to the standards
of morality, decency and propriety that are generally accepted by reasonable
members
of the community.
Content regulation on the Internet
- The
Government’s policy is to strike a balance between protecting public
morals (and the vulnerable young) and preserving the
free flow of
information and the freedom of expression. In July 1996, we conducted public
consultations to assess the views of both
the
industry and the community on the need to regulate the content of information
transmitted on the Internet. The response was overwhelmingly
in support of
self-regulation through the development of a code of practice by Internet
service providers. In practical terms, the
Government agrees with the industry
that it is impossible to monitor the content of the Internet, which transmits
vast volumes of
information anonymously and at high speed. Accordingly,
in October 1997, the Hong Kong Internet Service Providers Association
(HKISPA)
(with the Government’s assistance) adopted a self-regulatory Code
of Practice that addressed the question of obscene and indecent
materials on the
Internet in the spirit of the COIAO. A complaint handling mechanism was also
established. In January 1999, TELA
conducted a review of these arrangements.
Its findings indicated that the self-regulatory regime was effectively and
satisfactorily
dealing with objectionable web sites and public complaints.
E. Article 14 - Freedom of thought, conscience and
religion
The Basic Law
- Article
32 of the Basic Law provides that all Hong Kong residents shall have the
freedoms of conscience, religious belief and to participate
in religious
activities. Article 15 of the Bill of Rights makes similar provision.
Religious education in school
- As
explained in paragraph 120 of the previous report, children may withdraw from
religious education in school with the consent of
their parents. The position
is unchanged.
F. Article 15 - Freedom of association and of peaceful
assembly
The Basic Law and the Bill of Rights Ordinance
- Article
27 of the Basic Law and articles 17 and 18 of the BORO provides that all
Hong Kong residents shall have the freedom of association
and of assembly,
and the right and freedom to form and join trade unions, and to strike.
- The
Public Order Ordinance (chap. 245) is the principal legal instrument for the
regulation of public meetings and processions. It
requires organizers of public
meetings and processions, in normal circumstances, to notify the Commissioner of
Police of their intention
to hold events at least seven days in advance. If the
Commissioner objects to the proposed event, he must indicate his objection
within a specified time limit (no less than 48 hours in advance of the event if
seven days’ notice is given) and explain his
reasons for so
objecting. If the organizers are aggrieved by the Commissioner’s
decision, they may appeal to an independent
appeal board chaired by a retired
judge formed under the Public Order Ordinance. Alternatively, they may seek
judicial review.
The Ordinance empowers the Commissioner to impose conditions
or to prohibit/object to the holding of public meetings and processions
on
grounds of “national security, public safety, public order (ordre
public) and protection of rights and freedom of others if he reasonably
considers it necessary”.
- In
practice, the freedoms of assembly and of association are extensively exercised:
between 1 July 1997 and 31 December 2000, there
were more than 7,000 public
meetings and processions. The police have exercised their power of objection
and prohibition under the
Public Order Ordinance on only seven occasions:
all on grounds of public safety and order and protection of the rights and
freedoms
of others[.]
- The
Societies Ordinance (chap. 151) is the principal legal instrument for the
regulation of formation of societies. The Ordinance
provides for a
registration system to ensure that the Societies Officer (the Commissioner of
Police) has sufficient information to
determine whether a society should be
allowed to operate in Hong Kong. Within one month of their establishment,
societies must apply
to the Societies Officer for registration or exemption from
registration. Between 1 July 1997 and 31 December 2000, more than 4,000
societies were registered or exempted from registration. The police have not
rejected any application for the formation of a society.
Participation by children in trade unions
- Article
27 of the Basic Law guarantees that Hong Kong residents shall have the freedom
of association and the right and freedom to
form and join trade unions. Article
18 of the Bill of Rights specifically provides that a person’s right to
freedom of association
with others includes “the right to form and join
trade unions for the protection of his interests”.
- As
explained in paragraph 124 of the previous report, the Trade Unions Ordinance
(chap. 332) permits persons under the age of 16 to
join registered trade
unions but not as voting members or members of the union’s executive.
Persons aged between 16 and 20
may enjoy all the rights of trade union
membership except membership of the executive body.
G. Article 16 - Protection of privacy
Article 30 of the Basic Law and article 14 of the Bill of
Rights Ordinance
- Article
30 of the Basic Law provides that the freedom and privacy of communication of
Hong Kong residents shall be protected by law.
No department or individual may,
on any grounds, infringe upon the freedom and privacy of communication of
residents except that
the relevant authorities may inspect communications in
accordance with legal procedures to meet the needs of public security or of
investigation into criminal offences. In addition, article 14 of the BORO
guarantees the protection of privacy, family, home, correspondence,
honour and
reputation.
Personal Data (Privacy) Ordinance (chap. 486) and the work
of the Privacy Commissioner for Personal Data
- The
Personal Data (Privacy) Ordinance (chap. 486) came into force in December 1996.
It protects the privacy of individuals with respect
to personal data. The
Ordinance covers any data relating directly or indirectly to living individuals,
including children, from
which it is practicable to ascertain the identity of
the individual and which are in a form in which access or processing is
practicable.
Its enforcement is overseen by the Privacy Commissioner for
Personal Data (PCO), an independent statutory body established by the
Ordinance.
- At
present, a person who has parental responsibility for a child has the right to
access the child’s personal data. But, at
the time of drafting this
report, we were considering whether the parents’ right to access such data
should be subject to restriction
in certain circumstances. Examples of such
circumstances include where a child expressly states that data should not be
released
to its parent(s) or where such release would not be in the interests of
the child.
Privacy of children confined in facilities
- Residential
homes operated by the Social Welfare Department and NGOs respect the privacy of
the children in care or custody. The
children are generally free to occupy
recreational or quiet areas of the facilities during their free time. They also
have the right
to receive mail without censorship and to receive visitors in
private. Where exceptional circumstances warrant the presence of a
staff member
the child is kept within sight at a distance. For the most part, such
circumstances are those where there is a risk
to the safety of other children or
to the security of the institution. An example would be where a particular
resident was suspected
of trying to smuggle drugs or offensive weapons into an
institution.
Maintaining confidentiality in social welfare
- The
Social Welfare Department and the NGOs that provide welfare services fully
comply with professional ethics and codes of practice
on confidentiality. They
are also bound by the data protection principles set out in the Personal Data
(Privacy) Ordinance (chap.
486) and service quality standards that require
service operators to respect the rights of service users, including children to
privacy
and confidentiality. Thus, personal information that children provide
on a confidential basis to the Social Welfare Department and
NGOs is fully
protected.
- In
the administration of social security schemes, the personal data of applicants,
including children, are collected for purposes
relating to their applications
for assistance. The information is treated in confidence and is not disclosed
to third parties without
the applicants’ consent.
Protection against slander and libel
- Protection
against libel and slander is provided for under the Defamation Ordinance (chap.
21) and the common law. Children are afforded
the same protection as
adults.
H. Article 37 (a) - The right not to be subjected to torture
or other
cruel, inhuman or degrading treatment or punishment
Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment
- The
Convention against Torture was extended to Hong Kong in December 1992. The
Committee against Torture heard the initial report
on the Hong Kong Special
Administrative Region (which formed part of China’s third report under
that Convention) in May 2000.
The Crimes (Torture) Ordinance (chap. 427) -
enacted in January 1993 - gives effect in domestic law to the torture-related
provisions
of the Convention. There have been no prosecutions under the Crimes
(Torture) Ordinance - and no cases involving the torture of
children - since its
enactment.
Death of a child in custody
- In
1997, a 14-year-old boy committed suicide while in custody in a home operated by
the Social Welfare Department. Some commentators
have said that the incident
was a violation of the Convention against Torture and therefore of article 37
(a) of the Convention.
For the reasons below, we do not consider that this is
warranted[.]
- The
death of the boy was a tragedy that is deeply regretted. But it was not, as
some commentators have suggested, symptomatic of
deep-seated, or endemic,
failures within the system. Lest this assertion seem complacent, we must
explain that it reflects the fact
that this was the first time an event of this
kind had occurred in any of the Social Welfare Department’s correctional
homes.
Notwithstanding that, the incident came as a severe shock to all
concerned and, on the basis of recommendations made by the Coroner’s
Court
(which brought in a verdict of suicide), the Social Welfare Department has put
into effect measures for improving the management
and operation of the homes and
for the better safety of persons detained in them.
- There
are strict guidelines governing the use of segregation in the Social Welfare
Department’s correctional homes and the periods
of segregation to be
applied in particular cases. Justices of the Peace inspect all such homes every
month. The Social Welfare
Department is required to report on any follow-up
action taken in the light of such visits.
Life imprisonment and abolition of the death
penalty
- The
death penalty was abolished in April 1993 with the enactment of the Crimes
(Amendment) Ordinance 1993. The death sentence for
murder was then replaced by
mandatory life imprisonment, under section 2 of the Offences Against the Person
Ordinance (chap. 212).
In June 1997, section 2 of the Offences Against the
Person Ordinance was further amended to give the court discretion as to whether
a person convicted of murder who was under 18 years of age at the time of the
offence should be sentenced to imprisonment for life
or to imprisonment for a
shorter term.
- Before
April 1993, persons who were under the age of 18 when they committed murder
would be sentenced to detention for an indeterminate
term “at Her
Majesty’s pleasure” (now “detention at Executive
discretion”)[. ] Thereafter and until
June 1997, persons who were under the age of 18 when they committed murder
would be sentenced to life imprisonment.
As at 1 July 1997, 15 young
murderers were serving life terms. The Chief Executive has since determined
their minimum terms. These
range from 15 years to 30 years. The progress of
their rehabilitation is reviewed every two years by the independent and
statutory
Long-term Prison Sentences Review Board. The Chief Executive may
order a determinate sentence on the recommendation of the Board.
- The
court may impose discretionary life sentences on young offenders who have
committed murder or other offences that attract the
maximum sentence of life
imprisonment. In passing such a sentence, the court must specify a minimum
term. Young offenders so convicted
are subject to review by the Long-term
Prison Sentences Review Board five years after the start of sentence and
thereafter once every
two years.
Prohibition of corporal punishment
- Corporal
punishment is prohibited in schools and in all correctional/residential homes.
Discipline in these facilities is fostered
by a system of reward and privileges
with the emphasis on “positive reinforcement”. Punishments are
regulated by the
governing legislation and rules of the facilities. They
include forfeiture of rewards or privileges, restriction of recreation,
imposition of additional tasks, and so forth.
- Regulation
15 of the Child Care Services Regulations (chapter 243, subsidiary legislation)
prohibits corporal punishment in childcare
centres.
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
A. Article 5 - Parental guidance
- As
explained in paragraph 137 of our previous report, our childcare policy is to
support and strengthen families to enable them to
provide a suitable environment
for the physical, emotional and social development of their children. We also
aim to assist disadvantaged
and vulnerable children who are not adequately
looked after by their families. We believe that the family should provide an
environment
in which physical care, mutual support and emotional security foster
the healthy development of children. The primary responsibility
for the
adequate care of children rests with parents.
- This
policy was reaffirmed in the Chief Executive’s 2000 Policy
Address:
“... the objectives of the family and child welfare
services are to preserve and strengthen the family as a unit, to develop
caring
interpersonal relationships, to enable individuals and family members to prevent
personal and family problems and to deal
with them when they arise, and to
provide for needs which cannot be met from within the family”.
Family life education
- This
is addressed in paragraphs 289 and 290 below in connection with article 39.
Health care
- Social
workers provide parents with personal counselling and family life education to
help them understand their roles and responsibilities
in relation to their
children’s welfare and health. The views of children are sought on
matters relating to their health and
welfare in accordance with their age and
maturity[.] This is an
integral part of the decision-making process.
Guardianship of Minors Ordinance
- When
the Director of Social Welfare is appointed as the legal guardian or custodian
of any child under the Guardianship of Minors
Ordinance (chap. 13), she, or her
authorized officer, assumes the parental role for the child. The Ordinance
requires the Director
to provide guidance and support, and to arrange services
and assistance to meet the developmental needs of the child. Individual
care
and long-term welfare plans are formulated in consultation with the child and
its parents or relatives. In the event that the child cannot continue
to live in its natural home, substitute care - such as foster
care - is arranged
to provide a home-like environment for the healthy development of the child.
The emphasis is on long-term planning.
Social welfare officers report to the
court on any significant changes in regard to the child.
Children in care
- Families
with children in foster care, small group homes or institutional care are
involved in the formulation of their children’s
welfare plans and in the
conduct of their case reviews. Family programmes are organized to promote
parent-child relationships and
communication. Parents and family members are
encouraged to maintain close contact with the children with the ultimate aim of
family
reunion. Counselling and family life education programmes serve to
develop the parents’ childcare skills.
B. Article 18, paras. 1 and 2 - Parental
responsibilities
White Paper on Social Welfare into the 1990s and Beyond
- This
is addressed in paragraph 190 above.
Promotion of joint responsibility of parents in child
rearing and family counselling services
Family life education: promoting joint responsibility for
child rearing
- The
Social Welfare Department provides family life education to equip parents and
parents-to-be with the knowledge, skills and attitudes
necessary for responsible
parenthood. Joint responsibility is a key element of the family life
programmes. Some 2,855 programmes
were organized in 1999-2000, attended by
124,791 participants. These programmes are complemented by:
(a) Family services centres: social workers in the 65
family services centres provide counselling and assistance to parents to enhance
their awareness of parental
responsibilities and improve their child-rearing
skills. In handling relationship problem cases or families at risk of
breakdown,
social workers provide counselling to help parents realize their
joint responsibility in child rearing and provide them supportive
services and
other forms of assistance in preserving the family under the parents’
joint effort;
(b) Family activity and resource centre: provides professional
support and guidance, educational programmes, and so forth on a drop-in basis;
and
(c) Family care demonstration and resource centre: provides support
programmes through live demonstration and group training in a real home
environment.
These programmes all teach and emphasize parenting skills and the importance
of joint responsibility.
Childcare assistance for parents (the problem of “home
alone children”)
- Several
commentators have expressed concern about “home alone children”: a
popular term for children whose parents -
for various reasons - leave them at
home without supervision. The Government shares those concerns and has measures
in place to
assist parents who cannot provide constant supervision for their
children. Such assistance takes several forms:
(a) The
childcare centres service: this is a service for parents who need childcare
assistance during the day. The centres provide a safe and nurturing environment
for children below 6 years of age. They also arrange activities for parents
that develop childcare skills and a better understanding
of the developmental
needs of young children, and promote parent-child relationships. Participants
are encouraged to form parents’
associations that then work with the
childcare centres for the best interests of children. The centres provided over
52,000 places
in 2000-2001;
(b) The occasional childcare service: this service is provided in
childcare centres on a sessional, half-day or full-day basis. Some 726
occasional childcare places
were provided in 2000-2001;
(c) The extended hours childcare service: like the occasional
childcare service, the extended hours service is provided by the childcare
centres. It meets the needs of
parents who have to work long hours or attend
training programmes. There were 1,610 extended hours places, mostly in
districts with
high concentrations of working parents, single parents and new
arrivals. A special grant from the Comprehensive Social Security
Assistance
(CSSA) Scheme is available for recipients who need the service in order to
take up employment or undergo retraining; and
(d) The after-school care programme: this provides half-day care
services for children aged 6 to 12 whose parents cannot provide care for them in
after-school hours.
The programmes are run by NGOs that receive government
subsidy for the purpose. Activities include homework guidance, meal services,
parent guidance and education, skill learning, and so forth. Currently,
there are 6,000 such places. The programmes help parents
- particularly CSSA
recipients, single parents, low-income families and new arrivals - join the
workforce or attend retraining courses
with a view to becoming
self-reliant. Depending on their personal circumstances, CSSA recipients
and low-income families may obtain
full or
half-fee relief.
- The
services for children under the age of 6 are governed by the Child Care Services
Ordinance (chap. 243) and Regulations and are
under the supervision of the
Social Welfare Department’s Childcare Centres Advisory Inspectorate. The
Ordinance and Regulations
provide for a system of registration, inspection and
control for childcare centres and for mutual-help childcare centres. They also
regulate child-minding activities by prohibiting unsuitable persons from acting
as childminders. The Advisory Inspectorate visits
the centres and offers advice
as necessary in the interests of the safety and well-being of the children in
their care.
Family life education
- Family
life education is a form of community education designed to strengthen family
relationships and functioning. The principal
targets are parents and
parents-to-be. The programme is delivered by 79 family life education workers
and seeks to foster the attitudes,
knowledge and skills appropriate to good
parenting. Topics include preparation for parenthood, understanding the
developmental characteristics
of infants and young children, effective
parenting, parent-child relationships, parental stress, and management of
children behaviour.
Parent education
- Parent
education is a subset of family life education that focuses on developing
parents’ ability to guide their children, and
on fostering positive
parent-child relationships for the healthy growth and development of the
children. It is provided jointly
and interactively by government departments,
NGOs and professionals (social workers, teachers, nurses, student guidance
officers
and Parent-Teacher Associations).
Residential childcare services
- Residential
childcare services are provided for children and young persons who cannot
adequately be cared for by their families for
such reasons as illness, death,
desertion, the child’s own behaviour, and so forth. The underlying
principle is that - particularly
in the case of younger children - a family
setting is preferred to an institutional one. Thus, non-institutional care in
the form
of foster care and small group homes is the normal option of choice.
As at December 2000, a total of 1,140 children were in non-institutional
residential care. See annex VA.
Home help service
- The
home help service helps parents with difficulties to take care of their families
and children. Services include childminding,
personal care, meals and household
management. Currently, there are 164 home help teams serving families and
persons in need.
Family services centres
- These
help parents to understand their responsibilities as parents and to foster their
childrearing skills. Services include counselling,
tangible assistance and
referral to childcare or other community support. Currently, there are 728
social workers in 65 family services
centres.
Family activity and resource centres
- There
are 22 such centres. Their role is to promote better communication and the
relationships between family members and to identify
family problems that may
require professional intervention. To that end, their services include drop-in
facilities, professional
support and guidance, educational programmes, family
activities and mutual help groups, and information on family life and community
resources.
Family care demonstration and resource centres
- These
provide support programmes that help parents to acquire or improve their
childrearing skills through live demonstrations and
group training in a real
home environment.
Community centres
- These
are focal points where persons of all ages meet and interact with one another.
The aim is to promote cohesion within the community
and encourage the
participation of individuals in solving community problems. They give special
attention to those with special
needs, such as single parent families, new
arrivals, low-income families, and families receiving CSSA. The centres help
such families
to acquire problem-solving and stress management skills and to
develop mutual support networks.
Services for families with disabled children
- These
services help families with disabled children to cope with the special needs and
challenges that they face. Principally, they
comprise the general family
support services such as counselling, home help, family aid, social security,
and parents’ resource
centres for disabled persons. The objectives of
such centres are to foster:
(a) Self-support and mutual help
within and among families with disabled members;
(b) Knowledge and acceptance - within the family circle - of their disabled
relatives;
(c) The ability of families to cope with their emotional stresses and other
difficulties in nurturing persons with disabilities;
and
(d) Public understanding and acceptance of disabled persons and their
families.
The centres stock books, magazines, educational toys and other information of
value to children with disabilities.
C. Article 9 - Separation from parents
Protection of children’s interests in cases of
separation
Divorce and separation
- Social
workers in family services centres, the Family Mediation Service and the Social
Welfare Department’s Child Custody Services
Unit provide counselling,
assistance and advice on matters relating to children’s interests in cases
of divorce and separation.
The family services centres specialize in resolving
marital, divorce and childcare arrangements. The Family Mediation Service
provides
support and practical assistance to help divorcing or separating
couples to reach agreement on the arrangements for the care of their
children
and the resolution of financial matters.
- Where
couples in divorce proceedings are in dispute over the custody of their
children, the Child Custody Services Unit provides social
inquiry reports
to the courts and makes recommendations in regard to custody and access
arrangements. The social workers making
those recommendations regard the
interests and welfare of the children as paramount. The recommendations
themselves take into consideration
the views of the children and parties
concerned. The courts may order the Unit to supervise the access arrangements
in order to
protect the interests of the child. Social workers then help the
divorced couple and their children to adjust to the divorce, and
guide the
couple in co-parenting so that the interests of the child will not be
jeopardized.
- Some
commentators consider that family mediators should assess the feasibility of
including the children in at least some mediation
sessions and encourage parents
to invite their children to do so. In principle, we accept that there could be
merit in involving
children in some mediation sessions, provided that they are
of appropriate age and maturity. But that acceptance is subject to certain
caveats. The mediation process is non-adversarial. But the sessions can be the
scene of - sometimes emotional - arguments and interpersonal
conflict,
particularly where the parties have not fully resolved their feelings. Direct
exposure to such conflicts between their
parents - which are impossible to
predict - could obviously be traumatic for the children. Involving them in the
sessions would
therefore require very careful handling with regard to the
individuals concerned and to the circumstances of each case. However,
the
principle of involving children of appropriate age and maturity in some suitable
mediation sessions is agreeable. In any case,
the views of the child are
solicited when the court refers the case to the Child Custody Services Unit for
a social inquiry report
or, in some cases, the child’s view will be
ascertained directly by the judge during the proceedings.
Proceedings
- The
Guardianship of Minors Ordinance (chap. 13) and the Protection of Children and
Juveniles Ordinance (chap. 213) empower the Director
of Social Welfare to apply
to the courts for care or supervision orders or emergency protection orders. In
emergencies, children
may be removed to places of refuge. The views of all
parties concerned are ascertained during investigation, intervention, and in
the
preparation of reports to the courts. The Official Solicitor may be appointed
guardian ad litem to act on behalf of the child during the proceedings.
The courts invite parents and children to express their views during the court
hearings.
- This
topic is discussed in paragraphs 105-109 above, in relation to article 3. Those
paragraphs also address concerns expressed by
commentators who consider the
existing procedures to be degrading and potentially damaging to at least some of
the children involved.
Right of the child to maintain regular contact with both
parents in situations of separation
- In
child custody cases, social workers of the Child Custody Services Unit record in
a social investigation report the views of all
parties concerned, including
those of the child, having regard to his or her age, maturity and circumstances.
Social workers treat
the interests of the child as paramount and will make
recommendations regarding access arrangement for the noncustodial parent, so
that the child will maintain the right to have regular contact with both
parents. The courts may make orders on access arrangement
to be supervised by
social workers
of the Child Custody Services Unit. Social workers help children placed in
out-of-home centres - but whose permanent plan provides
for family reunion
- to maintain regular contact with both parents. This is effected through
visits, home leaves and counselling
on family relationships.
Representation of children in care and protection cases
- Commentators
have said that, to avoid conflicts of interest, children involved in care and
protection cases should be represented
separately from their parents. They also
consider that such representation should be provided as of right. At present,
such provision
is discretionary and it has been argued that this is inconsistent
with article 37 (d) of the Convention. Taking the two points
seriatim:
(a) Separate representation: normally, this is
considered unnecessary because - in most cases - there is no conflict of
interest between the children and their
parents. We are taking active steps to
provide separate representation to children placed in a place of refuge under
care or protection
proceedings, irrespective of whether there is a conflict of
interest between the children and their parents; and
(b) Provision of representation as of right: our view has been that
article 37 is concerned with criminal proceedings. However, recognizing that
children placed in a place
of refuge under care or protection proceedings are
deprived of their liberty, the “as of right” requirement will be
built
into our system to provide separate representation for these children.
Adequate measures will be put in place to address the issue
with a view to the
requirements of article 37 (d).
Detention of parents
- In
paragraph 160 of the previous report, we explained that where a mother is
detained in prison, the Commissioner of Correctional
Services may permit any of
her children to accompany her until she has completed her sentence or the child
attains the age of 3 years
old, whichever is the earlier. While in prison, the
mother and child stay in a special ward similar to a maternity ward. Our policy
is to encourage the father or relatives of the child of the inmate to bring up
the child in open society. Only if a proper guardian
is not available to take
care of the child in this way would the child be detained with the mother. In
such circumstances, the Commissioner
of Correctional Services arranges for
either the father or a relative who can take care of the child properly to take
the child out
occasionally. The authorities provide milk powder, baby food and
nappies for infants in the institutions. The children’s
diets comply with
nutrition standards approved by the Director of Health and the Food and
Agriculture Organization of the United
Nations. The aim of these
arrangements is to preserve and strengthen the mother-child relationship.
- We
recognize that children need maternal care during their most tender years
(particularly those under 7) and that contact with their
children helps to
prepare imprisoned mothers for future reintegration into society. With that in
view, a special programme - that
operates in three institutions for female
prisoners - permits young children to spend half-day open sessions (which
include direct
physical contact) with their mothers in addition to those
provided for under the Prison Rules[. ]These
take place in specially designed facilities within the prisons. The number of
institutions with such a programme has been limited
because the programme
requires additional staff and special facilities, such as playrooms. But active
consideration is being given
to extending the programme to male
institutions.
- Commentators
say that children aged over 6 also need direct contact with their parents. This
issue is currently under examination,
as regards the possibility of extending
the arrangements to male institutions. Factors to be considered in the review
process will
be the needs of the prisoners and their children and the
concomitant questions of security maintenance and resource
requirements[.]
D. Article 10 - Family unification
- The
Hong Kong Bill of Rights guarantees the liberty of movement of everyone lawfully
within Hong Kong and specifically guarantees
the freedom of everyone to leave
Hong Kong. Certain exceptions are allowed, which are the same as those
permitted by article 10
of the Convention. In relation to a child, these could,
for example, include restrictions on public health grounds or because of
a child
custody order restraining a child from leaving Hong Kong without the prior
consent of the parent without the right of custody.
Immigration from Mainland China for family
reunion
- Persons
migrating to the HKSAR from Mainland China for permanent settlement do so in
accordance with an established programme of quota-based
immigration designed to
foster family reunification at a rate that Hong Kong’s economic and social
infrastructure can absorb
without excessive strain. For many years, the quota
was 75 persons a day, or 27,000 a year. That quota has steadily increased and
the current rate is 150 a day, or about 54,000 a year: the population of a
small European town.
- Traditionally,
persons entering for settlement in this way were gradually absorbed into the
mainstream population after a period of
adjustment that varied between
individuals. Indeed, a substantial percentage of the present-day population
comprises persons who
entered in this way in the decades since the Second World
War and their Hong Kong-born descendants. However, the increased quota
and the
entry of those with entitlement under article 24 of the Basic Law have
substantially increased the rate of entry. There
are now a much greater number
of new residents - mostly mothers and children - who are largely unfamiliar with
Hong Kong’s
way of life. Like immigrants everywhere, they share
certain difficulties that people commonly encounter when adapting to life in
a
new environment. Perhaps because of their position in society, they are
sometimes treated unfairly and their situation has attracted
considerable
discussion and public concern.
- In
paragraph 26 of its concluding observations, the Committee recommended that
further measures be taken to address the issue of illegal
immigrant children
from Mainland China, especially with respect to the difficulties arising from
families split between Hong Kong
and Mainland China. Its view was that, in the
light of the best interests of the child, action should be taken on an urgent
basis
to reduce the waiting period for family reunification, to raise the quota
of permits and to consider other measures to deal with
the problems that will
arise in the future. Some local commentators have echoed that view.
- As
we explained to the Human Rights Committee - in paragraphs 417 to 425 of our
report under the ICCPR
(CCPR/C/HKSAR/99/1[)] (in
relation to article 26 of that Covenant) - Mainland China is Hong Kong’s
principal source of immigrants. Over 90 per cent
come to the SAR for family
reunion. Entry is controlled by the quota system described in paragraph 221
above. But the extent of
demand is such that not all members of a family can
obtain the necessary exit permits at the same time from the Mainland
authorities.
This has led to the problem of split families which is largely the
result of cross-boundary marriages between Hong Kong men and
Mainland
women, who are, of course, subject to the quota system and must therefore wait
in the immigration queue. The subsequent
birth of children increases the
numbers so waiting.
- To
expedite entry for family reunion, a special sub-quota of 48 places has been
reserved (within the overall daily quota of 150) to
enable Mainland mothers to
take with them a child aged under 14 when they enter Hong Kong for settlement.
Nevertheless, some families
continue to arrange for their children to enter Hong
Kong illegally. When discovered, they are removed to the Mainland, a practice
that some commentators consider inhumane. But removal remains necessary both in
justice to those waiting their turn in the queue
and in order to preserve an
orderly and manageable rate of entry that our social infrastructure (welfare
services, schools, housing,
and so forth) can reasonably sustain. The existing
intake rate is hardly ungenerous, given the fact that Hong Kong is one of the
most densely populated regions in the world with nearly 7 million people living
in an area of 1,100 square kilometres. For these
reasons, there is no plan to
relax the quota.
- We
have also devised measures to manage and contain the additional demand
engendered by article 24 (2) (3) of the Basic
Law[.] That provision
accords right of abode in the HKSAR to children of Chinese nationality born
outside Hong Kong who - at the time of
their birth - had at least one parent who
was a Hong Kong permanent resident of Chinese nationality. (There had been
disputes over
the right of abode of residents from the Mainland; details are at
annex VB.) As at 1 July 1997, an estimated 66,000 Mainland residents
qualified
for the right of abode under the provision. To expedite their entry, the
relevant sub-quota was increased from 45 to 60
a day from January
1998. Between 1 July 1997 (when the Basic Law came into effect)
and 31 December 2000, about 95,000 eligible children
entered Hong Kong
for settlement.
- The
increased rate of migration has substantially increased the numbers of new
residents. Between 1 July 1995 (when the daily quota
was increased) and 31
December 1999, some 246,500 people from the Mainland settled in Hong Kong. As
we advised the Committee on
the Elimination of Racial Discrimination
(CERD)[, ]many (some 20 per cent) cannot speak
either Cantonese or English and so have difficulty in communicating with their
neighbours, co-workers
and schoolmates. The children have been educated in a
different pedagogic tradition and are unfamiliar with the Hong Kong curricula.
Adults often find that their qualifications are not recognized in Hong Kong.
Together, these things can result in disorientation,
culture shock and other
difficulties such as finding work or school places, particularly on first
arrival.
- Other
difficulties arise from family circumstances. The (Hong Kong-based) husbands
are often less well off than their Mainland-based
families had expected. Their
living conditions may have been adequate when they were single, but, often, they
are less than adequate
for families with children. These difficulties,
compounded by those described above, have in some cases led to family breakdown,
domestic violence, and spouse/child abuse.
- As
we informed CERD, both NGOs and Government are acutely aware of these matters
and, together, have taken active steps to address
them. New arrivals have
access to the full range of welfare services, including counselling, day and
residential childcare services,
financial assistance, and housing assistance
where compassionate grounds apply. And as explained in paragraph 97 of the
United Kingdom’s
third report on Hong Kong under the International
Covenant on Economic, Social and Cultural Rights (E/1994/104/Add.10), Government
subvents the Hong Kong Branch of International Social Service (ISS) to
provide post-migration support, including information and
inquiry services,
orientation sessions, short-term counselling and referral services. The ISS
subvention is a long-standing arrangement
(it began in 1972). But since 1996,
following the decision to increase the rate of immigration, Government has
provided it with
additional resources to strengthen its post-migration
services.
- With
the cooperation of the Guangdong provincial government and funding from the Hong
Kong Jockey Club, the ISS operates a pre-migration
service in
Guangzhou[.] The programme
comprises casework and group counselling, orientation programmes, English and
computer classes and other social activities.
It targets families and their
children who will come to Hong Kong within three years so that they can more
readily assimilate on
arrival. Additional resources will be provided to set up
four pre-migration centres on the Mainland.
Services provided to newly arrived children
- Like
other Hong Kong residents, newly arrived children have access to the full range
of social welfare services. These include family
services, financial
assistance, childcare, and other community support services. Four
post-migration centres - run by government-subvented
NGOs - provide
dedicated services to facilitate their early integration into the local
community. Four new centres will be opened
in 2001 to meet increasing demand.
Additionally, there are help desks to provide information to new arrivals upon
first arrival
and when they apply for Hong Kong identity cards. They are
located at the Lo Wu Control Point - where Mainlanders enter Hong Kong
for
settlement - and in the Registration of Persons Office of the Immigration
Department.
- Once
settled in Hong Kong, new arrivals have access to outreach services, such as
orientation programmes, language classes, school
placement, and family and
parent education programmes. The Government monitors these services to ensure
that they remain useful,
introducing new services where necessary.
E. Article 27, para. 4 - Recovery of maintenance for the
child
Maintenance orders
- As
explained in paragraph 169 of our previous report, the Matrimonial Proceedings
and Property Ordinance (chap. 192), the Separation
and Maintenance Orders
Ordinance (chap. 16), and the Guardianship of Minors Ordinance (chap. 13)
provide for maintenance orders to
be made by the court in cases of divorce,
separation and wilful neglect by a party to a marriage. Such an order may
require a spouse
or ex-spouse to provide proper maintenance for the other spouse
and any children of the family. A child of the family is defined
as a child of
both parties to the marriage and any other child who is treated by both as a
child of the family. In deciding the
terms of a maintenance order, the court
takes into account all the circumstances of the case, including the relative
financial needs,
the resources and earning capacity of all parties concerned,
the duration of the marriage, and the standard of living enjoyed by
the family
before the breakdown of the marriage. Consideration is also taken of any
physical or mental disability of children of
the marriage and of their education
and training.
Child Custody Services Unit
- The
traumas engendered by divorce and subsequent custody disputes require careful
management to protect the best interests of the
child. Social workers of the
Social Welfare Department’s Child Custody Services Unit provide
counselling and tangible assistance
to assist divorcing couples and their
children to tackle problems arising from the divorce or to assist in
reconciliation if the
couples so desire. Statutory supervision to protect the
best interests of the child will be provided as directed by the court.
Social
workers in the 65 family services centres and 5 single-parent centres also
advise and support the single parents in the course
of recovery of
maintenance.
Enforcement of maintenance orders
- A
person can apply for a court order to enforce a maintenance order if the person
liable under the order fails to pay. In 1997, we
amended the ordinances
mentioned in paragraph 233 in order to address the difficulties that divorcees,
particularly women, experience
in collecting maintenance payments. The effect
of those amendments is that now:
(a) Where a maintenance payer has
defaulted in payment without reasonable cause, the court may issue an attachment
of income order.
Such an order requires the payer’s income source - for
example, his or her employer - to deduct prescribed amounts from the
payer’s income and pay the amounts so deducted to the payee;
(b) Maintenance payers must notify their payees of any change of address
within 14 days of the change;
(c) Where necessary, the court is empowered to order the sale of matrimonial
property to ensure the equitable division of the property;
and
(d) The court is empowered to order the payment of maintenance for the
benefit of children aged 18 or above if they are in full-time
education or have
special needs.
- We
have continued our efforts to address the difficulties that maintenance
recipients experience. In May 2000, a government working
group - formed in 1999
to review the law and administrative measures affecting persons eligible for
maintenance - recommended:
(a) Relaxing the circumstances in which
attachment of income orders are issued;
(b) Relaxing the requirement that judgement summonses for the recovery of
maintenance arrears must be served personally on the maintenance
payers;
(c) Enabling the court to order payment of maintenance arrears accrued up to
the date of the court hearing, instead of up to the
date of application for
judgement summonses;
(d) Providing court bailiffs to serve judgement summonses for maintenance
payees who are not legally represented;
(e) That the courts exercise their powers to order that maintenance
specified in maintenance orders be paid into court (that is,
through the court
to the payee) in appropriate cases;
(f) Empowering the court to impose a surcharge against defaulting
maintenance payers;
(g) Informing NGOs and professional bodies that - where maintenance payers
fail to notify payees of changes of address - the fact
can be reported to the
police station nearest to the payer’s last known address;
(h) Requesting the Law Society of Hong Kong to inform its members that they
can, with the use of a standard letter, request relevant
government departments
to search their records for addresses of maintenance payers who are to be sued
for arrears;
(i) Streamlining the procedures of applications for CSSA and legal aid;
(j) That the Social Welfare Department should streamline its procedures for
referring single-parent families for counselling and
family welfare services;
and
(k) Educating the public on the subject of maintenance.
- The
Government is in the process of implementing all the recommendations that can be
effected administratively. Recommendation (j)
has been implemented. The Social
Welfare Department has since May 2000 streamlined the referral procedures
between social security
field units and family services centres by implementing
two standardized referral forms in such a way that all the required information
is contained in the referral form, so that single-parent clients need not repeat
their plight of single parenthood to different officers
of the Department.
Recommendations (a), (b), (c) and (f) entailed amending legislation.
Recommendation (a) has been enacted into
law[. ]We plan to implement recommendations
(b) and (c) by amending the existing subsidiary legislation in the first half of
2002. We are
giving further consideration to recommendation (f) in the light of
comments made by the Bar Association and the Law Society.
- The
Maintenance Orders (Reciprocal Enforcement) Ordinance (chap. 188) provides
for the recovery of maintenance by persons in Hong
Kong from persons in
reciprocating countries. The Chief Executive is vested with the power to
designate a country or territory as
a “reciprocating country” for
the purposes of the Ordinance if he is satisfied that similar benefits will, in
that country
or territory, be applied to orders made by the courts of Hong
Kong.
F. Article 20 - Protection of children deprived of a
family
Residential childcare services
General
- The
Social Welfare Department’s residential homes provide care for children.
The homes are governed by statute, supplemented
by manuals on procedure and
operational guidelines. All institutions observe Government-prescribed
standards of fire safety, health
and sanitation. Their staffing is
determined by manpower planning standards prescribed by the Social Welfare
Department. Justices
of the Peace regularly visit them to ensure that the
residents are properly cared for and that the institutions are properly run.
The Justices inquire into the operation and management of the institutions and
receive comments and complaints from the residents.
Their reports are forwarded
to the Government for necessary action. The children and their parents or
guardians are clearly informed
of the complaints procedures in the course of
arrival procedures. Further details are provided in the following
paragraphs.
Foster care
- The
foster care service provides placements for children aged under 18 years who are
in need of care in a stable family with persons
serving as substitute
parents. The care arrangement continues until the child returns to its natural
family, joins an adoptive home,
or lives independently. If family reunion is
the permanent plan, arrangements are made to facilitate close contact with their
parents
and thence restoration to their homes. Foster care is also available
for children with mild mental handicap.
- Before
a child is placed into their care, foster-parents are assessed and approved by
the Social Welfare Department’s Central
Foster Care Unit. Foster care
workers supervise the foster home throughout the period of placement. The
Social Welfare Department
and foster care agencies organize orientation
briefings and both pre- and in-service training to ensure that foster homes
provide
the best possible care. There are regular case reviews, discussions and
visits to monitor the services those homes provide. Emergency
foster care
service is available for children who need urgent out-of-home care in unforeseen
circumstances. Currently, there are
580 foster care places.
Small group homes
- Small
group homes provide home-like residential care for groups of eight children aged
between 4 and 18 years and who are in need
of out-of-home care. The children
are under the care of a married couple, working as house-parents. The
house-parents are assessed
according to their maturity, personality, childcare
experience and educational background. They receive training from the Social
Welfare Department and the support of social workers, who provide advice and
guidance on the care and well-being of the children.
The social workers also
work directly with the children if there are problems requiring
intervention.
- The
children attend school in the local community. Arrangements are made for them
to maintain close contact with their parents or
guardians. The aim is to
facilitate future family reunion, if home restoration is the permanent plan. As
at December 2000, there
were 113 small group homes, with a total of 774 children
in their care. In 24 of the homes, each group of children included one
child
with mild mental handicap.
Residential special childcare centres
- Details
of the residential special childcare centres are discussed in paragraph 346 (b)
below, in relation to article 23.
Residential crèches and nurseries
- Two
residential crèches and two residential nurseries provide care for
children under the age of 6 who are in need of residential
care. Such children
may have been abandoned, orphaned, abused or neglected. Or their parents may
have died or be undergoing such
crises as illness, drug abuse, or
imprisonment. The service has to comply with the standards prescribed in the
Child Care Services
Ordinance and Regulations (chap. 243) and is under the
supervision of the Social Welfare Department’s Child Care Centres
Advisory
Inspectorate. There were two residential crèches and two
residential nurseries of 292 places as at the end of 2000.
Children’s homes
- These
accommodate children and young persons aged between 6 and 21 who are undergoing
family crises, or having behavioural or emotional
problems, and are considered
to be able to benefit from a structured group living environment. The
residents are looked after by
house-parents in small group living units,
with relatively structured home routines. They attend schools in the
community, and training
is provided in the homes through small group programmes.
As at 31 December 2000, 292 children were accommodated in five such
homes.
Boys’ and girls’ homes
- The
seven boys’ homes and four girls’ homes provide residential care
services for children or young persons aged between
7 and 21,
who:
(a) Have difficult behavioural or emotional problems, and who
may be under the influence of undesirable peers; or
(b) Have relationship problems with their families and require a period of
group living experience away from them.
As at 31 December 2000, some 705 children and young persons were in the care
of such homes. Some of the homes provide schools for
social development within
the premises.
Boys’ and girls’ hostels
- These
hostels provide residential care for children and young persons aged
between 14 and 21 who are either working or studying and
need a period
of out-of-home care due to family problems. Some may have been discharged
from other residential childcare units but
are unable to return home because of
their own behavioural problems, relationship or other problems with
their families, or they
have no families to whom they can turn.
As at 31 December 2000, 67 young persons were accommodated
in such hostels[.
]
The child’s needs
- Before
children are placed in out-of-home care, the Social Welfare Department and NGOs
solicit the views of both the children in question
and their parents.
Preference is normally given to placement in non-institutional services, such as
foster care or small group homes,
particularly in the case of sub-teenaged
children. Particular consideration is given to the child’s needs, taking
due account
of its ethnic, religious, cultural and linguistic background.
Although some residential units are operated by religious bodies,
the emphasis
on religion is not pronounced and the children are free to practise the religion
of their choice.
Profile of children placed in different types of residential
care
- Annex
VC profiles the number of children in residential care.
Safety and health standards of childcare facilities
- Childcare
facilities must take all steps to ensure a safe and healthy environment for the
children in their charge. To that end,
the Child Care Services Ordinance and
Regulations set standards and require all childcare centres to obtain
certification of structural
and fire safety, and of the safety of their
electrical and gas installations. The centres must also comply with the Social
Welfare
Department’s requirements in regard to their daily programme,
dietary provision, staff qualifications, and physical capacity.
The Fire
Services, Buildings and Social Welfare departments will regularly inspect the
centres to ensure that they comply to these
standards.
Report by the Human Rights Monitor
- In
mid-2001, the Hong Kong Human Rights Monitor - a respected NGO - published a
report that was critical of some of the standards
and practices in the homes run
by the Social Welfare Department, particularly the boys’ and girls’
homes described above.
Strictly speaking, the publication date was outside the
cut-off date for the present report (31 December 2000). But we feel obliged
to
refer to it because its subject matter pertains so closely to the objectives of
the Convention. Both the Monitor’s report
and our response to it were too
extensive to be included here, even as annexes.
- In
essence, however, we accepted some of the Monitor’s comments and
suggestions and have either taken - or are taking - action
to address them. In
other cases, we disagreed with the Monitor’s findings for reasons that we
explained candidly and in detail
in our response. The resulting exchange of
views between the Government and NGOs was, we believe, a useful and healthy
dialogue
that has been a valuable contribution to the aim that they and we
share, of furthering the best interests of children in care.
G. Article 21 - Adoption
Overview
- As
explained in paragraph 187 of our previous report, adoption in Hong Kong is
governed by the Adoption Ordinance (chap. 290). The
Adoption Unit of the Social
Welfare Department is the only body authorized to administer adoptions in Hong
Kong (that is, there are
no authorized private adoption agencies). Local
applicants are assessed according to publicized criteria and undergo a
“home
study” by the Social Welfare Department. Suitable couples are
matched to a child with due regard to the child’s needs
and to the
strengths and preferences of the prospective adopters. If matching is
successful, the child is placed into the adoptive
home under the close
supervision of an adoption worker for at least six months. In 2000/01,
166 children were placed into local
adoptive homes. Among them, 114
involved the adoption of SWD wards and 52 were private adoption cases,
which usually entail the
adoption of a child by its step-parents or relatives.
Private adopters undergo the assessment process and legal proceedings described
above.
Birth parents’ consent
- The
position remains essentially as explained in paragraph 188 of our previous
report. That is, where the adoption of a child who
is not an orphan is being
considered, the birth parent(s), if known, are given intensive counselling to
help them formulate the best
welfare plan for the child. If reunion with the
birth parent(s) is in the best interest of the child, the family receives
support
services. If adoption is assessed to be the best welfare plan, the
necessary arrangements are made as early as possible so that
the child can be
cared for in a permanent home. Once an adoption order is granted, the birth
parents relinquish their parental rights,
duties, and legal obligations, and
cannot revoke their decision to relinquish the child.
- The
Adoption Ordinance empowers the courts to dispense with parental consent if
they:
(a) Have abandoned, neglected or persistently ill-treated
their children; or
(b) Have persistently neglected or refused to contribute to their
children’s maintenance; or
(c) Cannot be found or are incapable of giving consent; or
(d) Have unreasonably withheld consent.
- The
practice in such cases is for the Director of Social Welfare to act as the legal
guardian of the children or for the children
to be made wards of court who are
placed under the care of the Director of Social Welfare. The Director would
then:
(a) Apply to the court for orders dispensing the
parents’ consent for adoption and declaring that the children are free for
adoption; and
(b) Seek suitable adoptive parents, making provisional placements for the
children pending the issue of freeing orders or the determination
of any
adoption application.
Interests of the adopted child
- As
explained in paragraphs 189 to 191 of our previous report, the Adoption
Ordinance provides for the appointment of a guardian ad
litem, usually an
officer of the Social Welfare Department, to represent a child’s interests
in adoption proceedings. The
duties of the guardian ad litem are to investigate
all circumstances related to the adoption and to make a report to the court for
that purpose in order to safeguard the interests of the child. Concern has been
expressed about the fact that officers of the Social
Welfare Department act in
this capacity when the Department is also the authorizing body for adoption.
But we see no conflict between
the two roles. The Department is the authorized
body for adoptions and the appointment of its staff as guardians ad litem is
wholly
consistent with the principle of protecting and promoting the best
interests of the child. Before granting an adoption order, the
courts carefully
examine every application to ensure that both adoption as such and the
particular adoption application is in the
child’s best interests.
Where necessary, provisions in the Official Solicitor Ordinance (chap. 416)
are invoked to provide
separate representation for the child.
Review of the Adoption Ordinance
- As
explained in paragraph 192 of the previous report, a working group convened by
the Secretary for Health and Welfare was then reviewing
the Adoption Ordinance
with a view to ensuring that our adoption practices complied with the
Convention. In the course of its work,
the group considered ideas put
forward by NGOs, the legal profession, academics, birth and adoptive parents,
and other interested
parties. This led to the formulation of proposals amending
the Ordinance in the ways described in annex VD. Amending legislation
is under
preparation.
Adoption of local children by families overseas
- In
principle, it considered that the interests of children who are to be adopted
are best served by placement within their “natural”
cultural
context. But we recognize that children with special needs may be difficult to
place locally and, with their interests
in mind, there are procedures for
placing them with families overseas. In this context, “children with
special needs”
are those with disabilities, health problems, older
children, or from families with complex
backgrounds[. ]The criteria and procedures are
similar to adoption by local families and the aim is protection of the
child’s best interests.
Essentially:
(a) Two
non-profit-making NGOs with extensive approved agencies overseas - the
International Social Service (Hong Kong Branch) and
Mother’s Choice - help
the Social Welfare Department to find suitable overseas adoption placements;
(b) Approved adoption agencies in the overseas country conduct a
comprehensive assessment of the suitability of the prospective adopters
and of
the ability of the overseas community to meet the special needs of the
child;
(c) The Social Welfare Department assesses the “match” between
the child and its prospective adopters. If the Department
approves the adoption
in principle, it then applies to the Court of First Instance to make the child a
ward of court and for permission
for the child to leave Hong Kong for adoption
overseas; and
(d) Upon approval of the placement, the Department authorizes the overseas
authorities (or an approved adoption agency) to act as
interim guardians for the
child in the overseas country until an adoption order is granted by the courts
of that jurisdiction.
It must be emphasized that overseas adoptions are uncommon: only 27 children
were so placed in 2000/01.
Adoption of overseas children by Hong Kong
residents
- As
explained in paragraph 195 of our previous report, children adopted from
overseas by Hong Kong residents are admitted to join their
adoptive parents
if the adoptions are believed to be genuine, are recognized under Hong Kong law,
and if all immigration requirements
are met.
The Hague Convention on the Protection of Children and
Cooperation in Respect of Intercountry Adoption
- Mindful
of the provisions of article 21 of the present Convention, we are currently
considering the possible application of the Hague
Convention to Hong
Kong.
Prevention of improper financial gain through adoption
- As
explained in paragraph 196 of our previous report, the Adoption Ordinance
prohibits the giving or receiving of remuneration or
reward in connection,
directly or indirectly, with the adoption or proposed adoption of an infant. An
exception is made for payments
in consideration of the professional services
provided by, for example, a lawyer. Any person who contravenes these provisions
is
liable to a fine and imprisonment.
Adopted children and the right of abode
- Paragraph
2 (c) of Schedule 1 to the Immigration Ordinance (chap. 115) - which
gives effect to article 24 (2) (3) of the Basic Law
(BL 24 (2)
(3))[,] provides that persons
of Chinese nationality born outside Hong Kong to a parent who at the time of the
child’s birth was a
Chinese citizen falling within category (a)
or (b) are permanent residents of the HKSAR[.
]
- In
June 1999, in a judicial review concerning four children born in the Mainland
and adopted by Hong Kong permanent
residents[,] the Court of
First Instance ruled that article 24 (2) (3) conferred the right of abode
on persons of Chinese nationality who were
born outside Hong Kong but who
had been adopted by a Hong Kong permanent resident. In March 2000, the
government successfully appealed
against the ruling by the Court of First
Instance. The case was further appealed by the applicants to the Court of Final
Appeal
which handed down its judgement in July 2001 and confirmed that article
24 (2) (3) did not confer the right of abode on adopted
children.
H. Article 11 - Illicit transfer and non-return
Child abduction: cooperation with overseas Governments to
combat child smuggling
- As
foreshadowed in paragraph 198 of the previous report, the Hague Convention on
the Civil Aspects of International Child Abduction
has been extended to
Hong Kong. The Convention calls for the prompt return of children wrongfully
retained or removed from their
habitual place of residence in violation of
custody rights. The Convention has force in domestic law through the Child
Abduction
and Custody Ordinance (chap. 512), which came into effect in
September 1997. The Secretary for Justice discharges the functions
of the
“Central Authority” as prescribed in article 7 of the
Convention. The police and other government bureaux/departments
assist the
Central Authority in the location and return of abducted children. There have
been about 20 cases under the Convention
since its extension to Hong Kong:
see annex VE.
I. Article 19 - Abuse and neglect
- Child
abuse is defined as any act of commission or omission that endangers or impairs
a child’s physical/psychological health
and
development[.] It is
committed by individuals, singly or collectively, who are in a position of
differential power that renders a child vulnerable.
There are several
categories of abuse. These are described in annex VF.
Response to paragraphs 15 and 27 of the concluding
observations
Committee on Child Abuse
- In
paragraph 15 of its concluding observations, the Committee stated that, despite
the measures taken to address the problems of child
abuse, neglect and the
number of accidents affecting children, these issues continued to give cause for
concern. Equally, adolescent
mental health issues, including the problem of
youth suicide, was a matter of serious concern to the Committee. In paragraph
27,
the Committee acknowledged the important efforts taken to deal with the
question of child abuse. Notwithstanding this, the Committee
was of the view
that the prevention of this violation of children’s rights required
further attitudinal changes in society,
not only as regards the non-acceptance
of corporal punishment and physical and psychological abuse but also greater
respect for the
inherent dignity of the child.
- In
paragraph 24 of the updating report, we explained our belief that the general
public was becoming more aware of the negative effect
of child abuse on society.
Nevertheless, we were increasing our efforts through our public education
programmes to bring the message
home. Those efforts have continued and the
Director of Social Welfare’s Committee on Child Abuse (formerly known as
the Working
Group on Child Abuse) continues to examine and coordinate
multidisciplinary efforts to improve measures to deal with child abuse
and to
raise public awareness of the problem. Annex VG lists the committee’s
initiatives to those ends.
- The
effective prevention of child abuse requires strategies that focus on reducing
risk factors and increasing protective factors.
As in other jurisdictions, our
strategies to those purposes comprise educational, legislative, and
administrative elements. In
this section, we aim to explain the measures
that we are taking in each of those areas.
Educational measures
- Legislation
is, of course, essential to guarantee our children an enforceable framework
of rights and protections. But, often, the
law comes into play only after
the occurrence of the events - such as child abuse - that it is designed to
deter. Ultimately, we
can only hope to prevent such occurrences by addressing
the socio-psychological dynamics - the complex interaction of individual,
familial, and societal factors - that give rise to them. We consider that,
given adequate legal “teeth” and administrative
support, educational
measures are likely to be the most effective means of achieving that.
Educating the children
- Alerting
children to the nature and dangers of abuse - and how to protect themselves
against it - is a high priority. To that end,
the Education and Social Welfare
Departments have been working with other professionals to develop teaching kits
on the “Prevention
of Sexual Abuse, Harassment and Violence”. The
kits were distributed to kindergartens, childcare centres, and primary schools
in the year 2000. A similar kit, with appropriate adaptation, will be
distributed to secondary schools in 2001.
Parent education
- A
key part of our educational strategy is a parent education programme that
imparts knowledge of how children develop, teaches child-rearing
skills, and
enables parents to understand how to manage the difficulties that arise in their
personal, marital and parent-child relationships.
In these ways, education
programmes can foster positive parent-child relationships and so help to prevent
child abuse. Parent education
at the preventive level is conducted by various
government departments and
disciplines[.] Initiatives
include:
- Cooperation
between social workers and medical professionals in the conduct of parent
education programmes in maternal and child health
centres;
- Cooperation
between social workers, teachers, and Parent-Teacher Associations
in schools;
- Reaching out to
the commercial and private sectors; and
- Public education
programmes to promote parent education.
Public education
- At
the territory level, our efforts in this regard are directed by the Public
Education Subcommittee on Child Abuse and the Committee
on Family Life
Education. At the district level, they are directed by the district
coordinating committees on family and child welfare
services. The respective
roles of these bodies are:
(a) Public Education Subcommittee on
Child Abuse: each year, the subcommittee mounts a major campaign to raise
public - particularly parental - awareness of the issues. Delivery
is effected
through such means as posters, leaflets, radio and television advertisements
(“announcements in the public interest”), booklets, and so forth.
In 1996/97, the theme was “Child sexual abuse”.
The campaign sought
to teach young children how to protect themselves against sexual abuse and
arouse the awareness of parents and
carers. Since then, the themes have
been:
(i) 1998-1999: “Prevention of child neglect”. This sought
to promote public awareness of child neglect and proper childcare;
(ii) 1999-2000: “Child discipline but not child abuse”.
Inter alia, this included a booklet on child neglect; and
(iii) 2000-2001: “Good parenting”. The campaign included a
17-episode television programme with “phone-in” sessions, posters
and leaflets on that theme;
(b) The Committee on Family Life
Education Publicity Campaign: has developed the use of the mass media and
printed materials to
promote responsible parenthood. In November 1999, it
established a web site on family life education to promote parent education
through the Internet. The site is hyperlinked to the home pages of the
Committee on HomeSchool Cooperation, the Hong Kong Council
of Social Service,
other NGOs, and the Department of Health;
(c) The district coordinating committees on family and child welfare
services: 13 such committees coordinate the educational efforts
of
different organizations and disciplines at the district level. Their work
ensures that those efforts are concerted and complement
both each other and the
main campaign theme(s) per (a) and (b) above. The committees also organize
district-based programmes to
educate the public - particularly families -
on the danger of leaving children unattended. In 2000, they ran 369 such
programmes,
attracting over 49,000 participants; and
(d) The family and child protective services units: social workers from the
units deliver talks to government departments, schools,
kindergartens and
childcare centres to enhance their awareness of the issues. They also address
other professionals, such as teachers,
police officers, and medical
professionals.
Staff training
- Such
training is also a form of education, albeit not of a public nature. In
2000/01, some 22 training programmes were organized
for front-line staff.
In some cases, staff from different disciplines participate in the same course.
The programmes focused on
the identification, handling, and treatment of child
abuse.
Legislative measures
- These
comprise:
(a) The Protection of Children and Juveniles
Ordinance (chap. 213): empowers the court to grant a care or supervision
order in respect of a child or juvenile:
(i) Who has been or is being assaulted, ill-treated, neglected or sexually
abused; or
(ii) Whose health, development or welfare has been or is being neglected or
avoidably impaired; or
(iii) Whose health, development or welfare appears likely to be neglected or
avoidably impaired; or
(iv) Who is beyond control, to the extent that harm may be caused to the
individual or to others.
The court may grant an order appointing
the Director of Social Welfare to be the legal guardian of the child. Or it may
commit the
child to the care of a person or institution fit to take care of the
child, or order the parent to enter into recognizance to exercise
proper care
and guardianship. Or it may place the child under the supervision of a social
welfare officer;
(b) The Child Care Services Ordinance (chap. 243): regulates the
childcare centres and mutual-help childcare centres and prohibits unsuitable
persons from acting as childminders.
The Ordinance imposes a maximum penalty of
HK$ 100,000 and imprisonment for two years for contravention of the relevant
provisions;
(c) The Domestic Violence Ordinance (chap. 189): empowers the court
to grant injunctions on application by a party to a marriage to restrain the
other party from molesting the
applicant or exclude the other party from a
specified area which may include the matrimonial home;
(d) The Offences Against the Person Ordinance (chap. 212): provides
that any person who unlawfully abandons or exposes a child under the age of 2
years, so endangering the child’s
life or health, is guilty of an offence.
Any person over the age of 16 years who has the custody, charge or care of any
child under
that age is guilty of an offence if he or she wilfully assaults,
ill-treats, neglects or abandons the child or causes the child to
be assaulted,
ill-treated, neglected or abandoned or to be exposed in a manner likely to cause
the child unnecessary suffering or
injury to its health. The maximum penalty is
10 years’ imprisonment;
(e) The Criminal Procedures Ordinance (chap. 221): section 79B of
the Ordinance came in to effect in February 1996. It provides for testimony
from a child witness to be given by
way of a live television link from a place
outside the courtroom. Section 79C provides that a video-recorded interview
with a child
witness may be given in evidence. In addition, the prosecution may
issue a notice of transfer to by-pass the preliminary hearing
before a
magistrate, enabling the matter to go directly to a full trial;
(f) The Crimes Ordinance (chap. 200): covers sexual offences -
including rape, incest, prostitution related offences - against children;
and
(g) The Evidence Ordinance (chap. 8): section 4 of the Ordinance
provides that the evidence of a child under 14 years of age should be given
unsworn. Corroboration
from other material evidence is not necessary for a
conviction (section 4A of 30 June 2000). Nor is it required that a jury be
warned
against convicting a person accused of an offence on the uncorroborated
evidence of a child.
Administrative measures (investigation, treatment and
follow-up)
Family and child protective services units
- In
paragraph 206 of the previous report, we referred to the work of the (then)
child protective services units of the Social Welfare
Department. There are now
five such units and their role now includes the protection of other victims of
domestic violence. They
have been renamed “family and child protective
services units” to reflect that expansion (April 2000). Social workers
from the units take charge of the intervention process (early intervention is a
priority) and are fully responsible for the welfare
aspects of each particular
case. In so doing, they address the needs of abused children and their families
in a holistic manner
and work closely with other professionals on a
multidisciplinary basis. The units receive referrals from many sources:
hospitals,
clinics, NGOs, schools, childcare centres, professionals working with
children, the victims themselves, and so forth. All such referrals
are acted on
promptly and treated in strict confidence. After the initial assessment, the
units arrange for the children and their
families to receive a coordinated
package of social, financial, medical, psychological and legal assistance.
- A
Child Protection Special Investigation Team, comprising specially trained police
officers and social workers from the family and
child protective services units,
is formed to handle each case of child abuse. To minimize trauma, the
victim’s statement
- in the form of a video-recorded interview - is taken
in a home-like suite designated for the purpose. So too is the forensic
pathologist’s
examination conducted. During the trial, child witnesses
involved in sexual and physical abuse, incest and cruelty to a child will
give
evidence in a separate room in the court through a closed-circuit television
link system. The Social Welfare Department operates
a Witness Support Programme
to provide practical assistance and emotional support to child abuse victims
when they are involved in
court proceedings. Under the Programme, a group of
trained volunteers and family aides of the Social Welfare Department serve as
support persons to accompany the child for a pre-trial familiarization visit to
the court and during trial in giving evidence in
court through the
closed-circuit television link system.
Procedures for handling cases of child abuse
- Commentators
have also suggested that the Government should develop
“parents-at-risk” indicators so that early professional
support can
be provided to those who need it. Such indicators already exist. In 1996, we
introduced new procedures for handling
child sexual abuse cases, complementing
the existing “Procedures for Handling Child Abuse
Cases”[,] which
addressed all other forms of child abuse. Both sets of procedures were updated
and combined into a single, comprehensive volume.
The resulting
“Procedures for Handling Child Abuse Cases - Revised 1998” took
effect from November 1998. The revised
“Procedures” take full
account of the provisions of the Convention and incorporate improvements to
improve
coordination between the relevant agencies and disciplines. Appendix IV of
the Procedures comprises a “Guide to the Identification
of Child
Abuse”. This defines all forms of child abuse, and provides indicators
and checklists for their identification.
- After
each report of child abuse, and in accordance with the Procedures, a
multidisciplinary case conference meets to formulate a
welfare plan to protect
the child’s best interests. The participation of the child and its family
is encouraged and the child’s
views are considered. The conference will
arrange psychological counselling and therapeutic group work to help the child
overcome
the trauma and to rebuild confidence.
Criminal investigation of child abuse
- Based
in Police Headquarters, the Child Protection Policy Unit formulates and
implements policies and procedures for the treatment
and protection of
vulnerable witnesses and liaises with agencies concerned with the investigation
and prosecution of child abuse.
It supervises the five child abuse
investigation units, which were formed in 1995 to deal with complicated and
serious cases of
such abuse. Officers of these units undergo twice-yearly
training programmes on “child protection special investigation”.
These 10-day programmes aim to equip participants with the knowledge and skills
they need in handling and interviewing victims of
child abuse. Additionally,
police officers attending criminal investigation, command and promotion courses
receive awareness training
on the subject of child abuse.
- Commentators
have expressed the concern that social workers and child professionals only
handle cases where the abusers are family
members. Otherwise, they believe,
abuse cases are handled by the police. They consider that all cases should be
handled by social
workers and child professionals. Their perception is
mistaken: social workers - and, where appropriate - child professionals -
provide service and assistance to victims of child abuse, whether the abusers
were family members or not. They do so in collaboration
with the police because
child abuse is a criminal offence.
Resources for dealing with child abuse
- The
resources available for these purposes have increased:
(a) Family and child protective services units: the number
of social workers serving in the units increased from 11 in 1995 to 55 in
2000-2001. In 2001-2002, the units will receive
22 additional social workers
and two more clinical psychologists to cope with the increasing number of
cases;
(b) Refuge centres: children - and their parents if they, too, are
victims of domestic violence - have recourse to three such centres, which take
admission
on a 24-hour basis. From January 2001, each of the centres will
receive an additional social worker to improve the centres’
capacity to
provide need assessments, intensive counselling, therapeutic group work to their
clientele;
(c) Family help-line: the Social Welfare Department established this
hotline service in April 2000, to increase the likelihood of early
identification
- and thence prevention - of child abuse. Social workers manning
the help-line provide immediate counselling to victims of abuse
and families
with child discipline problems; and
(d) Training for frontline professionals: the Social Welfare
Department and the Police Force run joint training courses - on the conduct of
investigations and video-recorded
interviews for child abuse victims - for
social workers and police officers of the child abuse investigation units.
Other training
programmes help to increase frontline professionals’
knowledge and skills in the handling of child abuse cases. In 2000-2001,
the
Department ran over 40 such programmes. Overseas trainers are invited to
conduct intensive workshops on multidisciplinary cooperation
in child protection
work. Participants have included social workers, legal professionals, police,
teachers and clinical psychologists.
In December 2000, a team of social
workers, police officers and clinical psychologists attended a
“train-the-trainer”
programme to learn how to provide basic courses
to other professionals in this area.
- Some
commentators consider these resources to be insufficient and have called for the
establishment of a register of convicted child
abusers. The police do maintain
the criminal records of convicted child abusers as, indeed, they do of other
convicted offenders.
Going beyond this would require careful consideration
taking into account the labelling and stigmatizing effect on the rehabilitation
of child abusers. And we could expect considerable reservations on the part of
other human rights commentator.
J. Article 39 - Physical and psychological recovery
and social reintegration of child abuse victims
Rehabilitative treatment and social integration of child
victims
- Rehabilitative
treatment is an integral part of the welfare plans that are formulated
in the multidisciplinary case conferences on
child abuse (see
paragraph 292 below), with input from medical practitioners and clinical
psychiatrists. On the basis of those plans,
social workers help the
children in their care to reintegrate into society through individual
and family counselling, therapeutic
group treatment, and mobilization of
community resources. Each child abuse victim - and, as appropriate, the
child’s family
- receives coordinated followup services such as
medical treatment, psychological counselling, school placement, financial aid
and
housing. The object is to help them overcome their trauma and to resume
normal living.
Caseload of social workers handling child abuse
cases
- In
paragraph 28 of its concluding observations, the Committee expressed the view
that, despite the [then] recent increase in the number
of social workers
employed for child abuse cases, the caseload of each professional might still be
too high. The question of taking
additional action to address such matters
deserved further study.
- In
paragraph 25 of the updating report, we said that between 1994 and 1997, 20
social workers at the senior practitioner level were
added to the child
protective services units (now the family and child protective services units).
The caseload of each officer
had been reduced from an average of 35 in 1994-1995
to an average of 27 in 1996-1997. We also provided in-service training
to enhance social workers’ effectiveness in managing their caseloads.
- Since
then, we have continued regularly to review the caseload of social workers in
this area to ensure that the protections afforded
to each child abuse victim are
adequate and that they are improved where there is scope to do so. The number
of social workers handling
child abuse cases in the Social Welfare Department
increased from 32 in 1998-1999 to 48 in 1999-2000. But when, in April 2000, the
former child protective services units became the family and child protective
services units with an extended role and numbers (see
paragraph 277 above) the
total number of cases increased. So although there are now (2000-2001) 55
social workers in these units,
they each have an average caseload of 32. The
situation will improve in 2001-2002, when the units will receive 22 additional
social
workers.
- NGOs
and the Social Welfare Department have been allocated additional resources for a
two-year project to improve outreach services
to families needing support for
children at risk of behavioural or emotional problems. Between March 2001 and
March 2003, and networking
with other local organizations, they will provide a
family education service targeting families at risk. In this way, they expect
to identify families with difficulties in guiding and supervising their children
and then to provide customized services to prevent
such difficulties from
deteriorating into family breakdown or child abuse.
Family life education
- In
paragraph 28 of its concluding observations, the Committee also encouraged the
initiative taken to ensure within future reviews
of the Family Life Education
Programme, an assessment of its effectiveness in preventing child abuse. In
paragraph 30 of the updating
report, we said that one of the objectives of the
Programme was to increase parental knowledge and skills (including the
cultivation
of an informed approach to the role and application of discipline)
and improve parents’ consciousness of their responsibilities.
The
programme was, we said, one of the initiatives we were taking to develop respect
for the rights of children. It had been found
that the Programme helped parents
to develop their skills as parents and their awareness of their parental duties
and responsibilities.
Although the Programme was not directly aimed at child
abuse, it was believed to help in its prevention.
- We
maintain that belief, but experience has shown that family life education must
interface with other family support services to
form a continuum of services.
In August 2000, in order to better understand that process, the Social Welfare
Department commissioned
a review of our family services, including family life
education. The main objectives were to formulate a new service delivery model
that would more effectively address family needs and to develop outcome measures
to gauge service effectiveness. Recommendations
of the review will be available
by mid-2001[.]
K. Article 25 - Periodic review of placement
Child welfare case conferences and regular case reviews
- The
conditions of - and welfare planning for - children in care are closely
monitored through case conferences and reviews, as follows:
- Case
conferences: are chaired by senior officers of the Social Welfare
Department. They ensure that all child welfare cases are properly handled
and
that the best interests of the children are protected. They review the welfare
plans made for the children in their
jurisdictio[n] and offer
advice where difficulties have been encountered. The case conferences are
documented to facilitate further periodic reviews;
and
- Case
reviews: are regular meetings for the consideration of each child welfare
case on an individual basis. Participants include the key social
worker
responsible for the particular case, the social worker and care staff of the
home or centre taking care of the child in question,
the child’s parents,
the child itself (if it is of reasonable maturity), and concerned professionals,
such as clinical psychologists
and teachers. The discussion covers matters
relating to the welfare of the child (progress of work plans, family reunion or
other
permanent plans, problems arising from the placement, and so forth). As
in all matters pertaining to child welfare, the principal
objective is to ensure
that the best interests of the child are being protected. The reviews are
documented and follow-up action
plans are formulated to solve any difficulties
encountered.
- These
arrangements apply equally to children with disabilities who are in care for
reasons of physical and mental health. Services
for children with disabilities
and special needs are discussed in paragraphs 343-359 below, in relation to
article 23.
L. Statistics on child abuse
- The
Social Welfare Department’s Child Protection Registry maintains a
computerized system for case-checking and to increase
the chances of timely
intervention when incidents of child abuse occur. The Department also maintains
a database for planning and
research. The table below shows the broad trends
over the five years 1996-2000. The figures quoted were on newly reported cases
of each
year.
Year
Types of abuse
|
1996
|
1997
|
1998
|
1999
|
2000
|
Physical abuse
|
120
|
181
|
193
|
286
|
265
|
Neglect
|
22
|
18
|
17
|
15
|
30
|
Sexual abuse
|
125
|
146
|
162
|
210
|
150
|
Psychological abuse
|
10
|
6
|
11
|
11
|
16
|
Multiple abuse
|
34
|
30
|
26
|
53
|
39
|
Total
|
311
|
381
|
409
|
575
|
500
|
- Over
two thirds of the abusers were the parents of the children concerned. The
number of cases of abuse in the form of neglect rose
from 3 per cent of the
total number of cases in 1999 to 6 per cent in 2000. Both phenomena reflect
inadequate parenting. The measures
that we (particularly the Social Welfare
Department) have taken to address them are explained in paragraphs 267-284
above, in connection
with article 19.
VII. BASIC HEALTH AND WELFARE
A. Article 6, para. 2 - Survival and development
- The
infant mortality rate was
2.[9] per 1,000 registered
live births in 2000, down from 3.2 in 1999, 4.9 in 1992 and 7.5 in
1987. By contrast, the maternal mortality
ratio
was 5.[6]
per 100,000 total births in 2000, up from 2.0 in 1999, and 1.9 in 1998.
However, the apparently steep increase in 2000 is a function
of very low
numbers: there were a total of three deaths in that
year[,] and one in each of
the previous two years. Because the numbers are so low, the rates tend to
fluctuate from year to year: in 1987
it was 4.3 and, in 1992, it was 5.5. That
these figures compare well with those in most developed countries is illustrated
by the
ratios for Germany (8 per 100,000), Japan (7), the United Kingdom (7),
and the United States (8).
Prenatal and post-natal care
Maternity benefits and protections
- In
1997, as foreshadowed in paragraph 34 of our updating report, amendments to the
Employment Ordinance (chap. 57) strengthened the
maternity protections afforded
to pregnant employees. The amendments were extensively described in paragraphs
239 to 241 of our
1998 report on the International Covenant on Economic,
Social and Cultural Rights (ICESCR) (reproduced for ease of reference at annex
VIA). The Ordinance now permits pregnant employees to take part of their
antenatal leave as post-natal leave. This gives them more
time to take
care of their babies in the crucial earliest days of life.
- Additionally:
(a) The
Sex Discrimination Ordinance (chap. 480) prohibits discrimination in employment
on the ground of pregnancy;
(b) The Department of Health’s Family Health Service operates 50
easily accessible maternal and child health centres throughout
Hong Kong. These
provide free antenatal checkups and collaborate with the public hospitals in
monitoring the entire pregnancy and
delivery process. They also give talks on
pregnancy, labour and preparation for parenthood. Some 49 per cent of expectant
mothers
attended the centres in
2000[;] and
(c) After delivery, all women receive post-natal check-ups and advice on
family planning. The Maternal and Child Health Centres
run support groups that
provide experience sharing sessions and individual counselling to help new
mothers adapt to motherhood and
to take care of themselves and their babies.
Breastfeeding
- In
paragraph 30 of its concluding observations, the Committee recommended that a
review be conducted of the effectiveness of measures
in place to support the
policy of promoting and encouraging breastfeeding.
- The
position is essentially as explained in paragraph 33 of our updating report.
That is, neither the Hospital Authority nor the
Department of Health distributes
free formula milk, as commentators have continued to assert. And hospitals only
feed babies formula
milk when their mothers, for medical or other reasons,
decide not to breastfeed their babies. Public hospitals do not distribute
free
breast-milk substitutes to nursing mothers upon discharge. Promotional and
advertising activities relating to breast-milk substitutes
are not allowed in
public hospitals. Nevertheless, the Hospital Authority is reviewing its current
practice of accepting breast milk
substitute
sponsorshi[p] with a view to
phasing out the practice in all public hospitals in future. The Government
continues actively to promote breastfeeding
through pamphlets, posters,
antenatal programmes and counselling.
- Public
hospitals in general comply with the Joint WHO/UNICEF “Statement on
Ten Steps to Successful Breastfeeding” and
the Hospital
Authority’s policy is to encourage nursing mothers to breastfeed their
babies. It proactively promotes breastfeeding
through:
(a) Talks, exhibitions and seminars for pregnant women, nursing
mothers, and parents in public hospitals;
(b) Training, seminars, and workshops for hospital staff; and
(c) Breastfeeding support services for nursing mothers in all public
hospitals with obstetric services.
All qualified health-care personnel in public hospitals are conversant with
the recommendation of the World Health Organisation (WHO)
and the United Nations
Children’s Fund (UNICEF) on the optimum period of breastfeeding.
- These
initiatives have served steadily to increase the breastfeeding rate in public
hospitals[:]
1996
|
36%
|
1997
|
39%
|
1998
|
48%
|
1999
|
49%
|
2000
|
53%
|
But relatively few mothers - about 14 per cent in the year
200[0] - sustain
breastfeeding beyond six months. And about a third stop breastfeeding when they
return to work. To address these tendencies,
the maternal and child health
centres organize workshops for working mothers just before they return to
work. They also tell them
how to express and store breast milk. Additionally,
the Department of Health plans to introduce an education kit to stimulate
public
awareness of breastfeeding and to solicit community support for
breastfeeding mothers. A leaflet, “Especially for Employers”,
provides guidelines to employers on the creation of mother and
baby-friendly workplaces.
B. Article 24 - Right to health
General
- The
Hospital Authority runs all Public Hospitals. The hospitals charge paediatric
inpatients HK$ 68 per day and specialist outpatients
HK$ 44 per consultation.
But fee waivers are granted to all recipients of Comprehensive Social Security
Assistance and in cases
of genuine financial hardship.
Patients’ Charter
- The
Hospital Authority’s “Patients Charter” (annex VIB) applies
equally to all patients, including children. The
Authority has not formally
adopted a Charter for Children. But the planning and provision of paediatric
services in its hospitals
accord with the spirit of the “Charter for
Children in Hospital”[. ]So do those
provided by Hong Kong’s 12 private hospitals. Some of the private
hospitals have adopted the Charter; others are
in the process of developing
their own.
Primary health care
- The
maternal and child health centres provide a comprehensive range of health
promotion and disease prevention services for babies
and young children aged 5
years or under. The centres also disseminate information on childcare, health
and development and provide
professional advice and support to foster parental
competence in nurturing their children’s physical and mental health. They
physically examine infants at regular intervals (and whenever indicated),
referring children with suspected medical problems to specialist
clinics for
further assessment.
Preventive health care
- A
comprehensive immunization programme protects infants and young children from
nine childhood infectious diseases (see annex
VID)[.] An expert panel, the
Advisory Committee on Immunization, regularly reviews the programme. The
coverage rates for the different
vaccines are at annex VIE.
- The
maternal and child health centres regularly monitor children for early detection
of growth, developmental or behavioural anomalies.
This process - known as the
Comprehensive Observation Service - monitors children’s abilities in the
areas of gross motor
functions, coordination, language development, hearing,
vision, and social adaptation. It ensures prompt remedial treatment and
maximizes the potential for rehabilitation. The results are discussed with
parents and, where necessary, the centres make referrals
to specialist clinics
or child assessment centres. The assessment centres may, in turn, refer
children to nurseries and special
childcare centres subvented by the Social
Welfare Department, or to special schools run by the Education Department.
Parents receive
leaflets that alert them to possible developmental
problem[s] and are encouraged
to discuss their children’s development with health
professionals.
Unwanted births
- As
explained in paragraph 227 of the previous report, abandoned newborns are cared
for by the Social Welfare Department. Efforts
are made to trace the birth
parents. If the parents are located and are assessed as suitable to resume
parental responsibility,
the children are returned to their care. The
Department then provides such welfare services as may be necessary (counselling,
home
help, family aide, childcare arrangements, and financial assistance). If
the birth parents are untraceable, the Director of Social
Welfare assumes
guardianship of the child and arranges placement for adoption. Adoption is
discussed in greater detail in paragraphs
254-265 above, in connection with
article 21 of the Convention.
Paediatric care in
hospitals
- Public
hospital services have been expanded to meet the needs of the increasing
population. The Hospital Authority operates 17 medical
institutions that
provide inpatient paediatric services. Of those, 13 admit children with acute
illness and 4 provide paediatric
rehabilitation services. As at end 2000, there
were a total of 1,214 hospital beds for paediatric patients and 161 for
paediatric surgery. Since the submission of the previous report
(see paragraph 255 thereof), the Authority has designated specialized
service centres for tertiary paediatric services, extended the scope of
paediatric services to include adolescents and established
a neonatal
service network.
Assistance for children with suspected
abnormalities
- As
at end 2000, some 26 specialist outpatient clinics were providing paediatric
services in our public hospitals. The Hospital Authority
operates a Specialist
Paediatric Rehabilitation Clinic, which assesses and treats children requiring
neurological and pulmonary rehabilitation.
Dental care
- As
explained in paragraph 259 of the previous report, the Government actively
promotes oral hygiene and oral health awareness. It
also facilitates the proper
use of oral care services. The Department of Health’s School Dental Care
Service (SDCS) provides
basic dental care to primary schoolchildren. This
includes regular dental examinations, oral health education programmes,
preventive
and curative treatment. In the 1999/2000 school year,
86.5 per cent of primary schoolchildren participated in the SDCS, up
more
than 5 per cent on the 1994/95 rate recorded in the previous
report.
Oral Health Education Unit
- The
Unit is part of the Department of Health. As explained in paragraph 260 of the
previous report, it promotes oral health through
educational and promotional
activities and information. Its services include planning, implementing and
evaluating pre-school and
secondary school oral health education programmes;
conducting roving oral health exhibitions; organizing campaigns and talks; and
producing oral health education materials. The Unit also runs a 24-hour Oral
Health Education Hotline and an Oral Health Education
Homepage.
Student Health Service
- Launched
in 1995, the Student Health Service caters for all Hong Kong’s primary and
secondary schoolchildren through 12 student
health service centres and three
special assessment centres. The Service promotes and maintains the physical and
psychological health
of students, who receive free annual appointments.
Services include physical examination; screening for problems related to
growth[;] individual
counselling; and health education. Students found to have health problems are
referred to special assessment centres
or appropriate specialist clinics.
- To
help older children face the challenges of adolescence, the adolescent health
programme - introduced in the 2000/01 school year
- seeks to enhance the
adolescents’ skills that they need to cope with stresses and crises,
and to foster a positive attitude
to life. A pilot multidisciplinary team,
comprising medical staff and other health-care professionals, conducts
programmes in selected
secondary schools for students, teachers, and parents on
the psychosocial health of adolescents. The programme will be extended
to other
schools after evaluation and refinement.
Disease and malnutrition
Clean drinking water
- Hong
Kong’s tap water conforms both chemically and bacteriologically to World
Health Organization guidelines. It is available
to all, either through public
or through local supply systems.
Environmental pollution and children’s health
- Children
are susceptible to air pollution and - as we explained in paragraph 266 of
the previous report - respiratory illnesses are
common among Hong Kong
children. They impair the development of healthy lungs and may cause
cancer. With these things in mind,
a comprehensive programme to reduce air
pollution has continued in earnest, though some commentators consider the pace
of progress
to be too slow. There are also ongoing programmes to address other
forms of pollution (water, noise and waste). These were summarized
in our reply
to a written question put to us in 2000 by the Committee on Economic, Social and
Cultural Rights prior to its hearing
of our report on the International Covenant
on Economic, Social and Cultural Rights. The reply is reproduced at annex VIF
for ease
of reference.
Food safety
- Food
safety is regulated under the Public Health and Municipal Services Ordinance
(chap. 132) and its subsidiary legislation. The
main provisions provide
general protection for food purchasers, offences in connection with sale of
unfit food and adulterated food,
composition and labelling of food, food
hygiene, and seizure and destruction of unfit food. Regulations under the
Ordinance provide
more specific controls in areas relating to the protection of
children’s health. Examples include the Milk Regulation and
the Frozen
Confections Regulation, which govern the import, manufacture and sale of those -
high-risk - food groups. Similarly,
the
Food and Drugs (Composition and Labelling) Regulations and the Dried
Milk Regulations govern the composition and labelling of such
products as
full-cream milk, skimmed and partly skimmed milk, condensed and evaporated
milk[.]
- Risk
assessment provides the scientific basis for effective management of food safety
and for the accurate communication of real and
perceived risks. In 2001/02, the
Government’s Food and Environmental Hygiene Department will conduct a
study on dietary exposure
to dioxin and heavy metals in secondary school
students.
- To
ensure that consumers are alert to and aware of the risks when choosing their
food and that they observe safe food practices at
home - the
Department of Health conducts public education programmes on food safety and
hygiene. Schoolchildren are, of course,
a key target group70
and, in 2000, the Department conducted 32 talks in schools,
distributing some 13,800 pamphlets on food safety to pupils and
teachers.
Control of communicable diseases
- Immunization
is the most cost-effective measure to combat communicable diseases in childhood.
In 1999, over 98 per cent of newborn
babies were immunized against tuberculosis.
Over 85 per cent of the 1-year-olds were immunized against poliomyelitis,
diphtheria,
pertussis, tetanus, measles, mumps, rubella and hepatitis
B[.] Chickenpox, viral
hepatitis and tuberculosis remain endemic. However, the immunization programme,
improvements in general hygiene
and sanitation - together with safe food
and water supplies - have done much to reduce the instance of serious
outbreaks[. The ]Government has issued
guidelines on the prevention of communicable diseases to all childcare centres,
kindergartens and schools.
Outreach health talks are also given to
schools.
Mental health
Prevention of child suicide
- In
paragraph 31 of its concluding observations the Committee suggested that a
review be undertaken of the possible links between school
pressures and
adolescent health problems, in view of the concerns raised on these issues
during its discussion of the report. The
Committee also suggested that the
reasons for suicide among youth and the effectiveness of programmes for the
prevention of suicide
among children deserved further study.
- In
paragraphs 38 and 39 of the updating report, we acknowledged that the reasons
for youth suicide were diverse. Psychological autopsies
of suicide victims had
revealed that poor family relations and personal problems accounted for most of
the cases. School and learning
problems followed. We explained that, as part
of a review of the social work service for students and other young people in
need,
a working group was evaluating the effectiveness of the school social work
service and examining its future development. This review
was to be completed
by the end of 1997. At the same time, research was being conducted in secondary
schools (under the title “Understanding
the Adolescent”) to develop
a screening tool to identify young people at risk and to determine how such a
tool could be used
in schools to facilitate early identification. This was
conducted by a research team of overseas and local professionals, commissioned
in 1994 by the Coordinating Committee for the Welfare of Children and Youth
at Risk.
- The
team completed its task in 1997, recommending the introduction of programmes
designed to teach students potentially at risk the
skills and knowledge to cope
with behavioural and emotional problems and to develop a positive self-image.
The programmes are now
operative and include such elements as interpersonal
communications, parent-child relationships and community service. Another
Committee
initiative was to promote the concept of a peer group support network
to help young people develop positive self-images and life
values, and to
improve their skills in coping with crises. The networks now operate throughout
the various youth services.
- The
Committee’s work has continued. In January 1997, it completed a review of
children and youth centre facilities, recommending
that they be modernized in
order to attract young people to use them and to engage in healthy
pursuits.
- The
core youth services, which include integrated teams, children and youth centres,
and school social work, seek to meet young people’s
needs and to provide a
favourable environment for their healthy development. In paragraph 277 of the
previous report, we indicated
that the ratio of school social workers to pupils
was expected to rise from 1:2,000 in 1995/96 to 1:1,000 in 1996/97.
At that time, the school social work service was provided on ratios based on
student population and the category of
school[. ]However, since September 2000, the
policy has been to provide one school social worker for each secondary school.
Consequently, the
number of school social workers increased from 300 in
September 1999 to 456 in September 2000. Because such provision is now on
a substantially different basis to that prevailing when we last reported, it is
not possible to make direct comparisons between the
rates of provision then and
now. However, in general terms, the current rate of provision is better than
under the former system.
- These
measures appear to be achieving their purpose and the number of attempted
suicides appears to be declining:
School year
|
Fatal cases
|
Attempts
|
1993/94
|
22
|
88
|
1994/95
|
14
|
42
|
1995/96
|
17
|
28
|
1996/97
|
20
|
21
|
1997/98
|
11
|
15
|
1998/99
|
15
|
10
|
1999/2000
|
19
|
5
|
- Commentators
have acknowledged that the Government and NGOs provide hotline services at the
time of school examinations, which is
always a time of stress for schoolchildren
and their parents, and suggest that these services should be available on an
all-year
basis. There are, in fact, several hotlines run on that basis by NGOs
and the Social Welfare Department. In particular, in the
context of child
suicide, the Hong Kong Federation of Youth Groups
runs the “Youthline”: a subvented, all-year service,
dedicated to young people who may be
contemplating suicide or are suffering other forms of stress. To ensure
maximum publicity for this, information cards and posters
are sent to all
primary and secondary schools, public libraries, and the youth service units of
all NGOs. A dedicated working group monitors the suicide problem (all
age groups) and reviews strategies and programmes.
Mental health service
- Severe
mental illness, such as schizophrenia and severe mood disorders, often starts in
the teen years and in early adulthood. Early
detection and treatment has the
potential to alleviate the suffering, improve the long-term treatment prospects,
and reduce long-term
impairment. A recent local study indicates that the
lag time between the onset of illness and treatment normally exceeds 18 months.
There is therefore an urgent need for early intervention programmes. To that
end, the Hospital Authority is now (2001/02) conducting
a pilot programme for
the early detection and treatment of young people with psychotic illnesses.
Some 1,400 persons aged below
25 will be assessed under the programme
for early treatment for those suffering from psychotic problems.
Prevention of accidents
Home safety
- In
1998/99, the Public Education Subcommittee on Child Abuse (see
paragraph 274 above, in relation to article 19) launched a major
publicity
campaign to alert the public to the dangers of child neglect and the need for
the proper care of children. At the same
time, districtlevel campaigns sought
to arouse awareness of the need for home safety and the dangers of leaving
children unattended.
In 1999, the districts ran 296 such programmes; 369
in 2000.
Road safety
- Commentators
have expressed concern about the safety of children travelling to and from
schools and kindergartens by bus. They have
called on us to include the related
accident statistics in this report and to make compulsory the installation and
wearing of seatbelts
in such vehicles. The accident statistics are as
follows:
Year
|
Number of accidents
|
Number of injuries
|
1998
|
210
|
207
|
1999
|
242
|
292
|
2000
|
230
|
265
|
None of these accidents - which comprise just 1.6 per cent of the total
number of all traffic accidents - entailed fatalities. But
we share the concern
for children’s safety and are currently consulting both parents and the
trade on the question of seatbelts.
Consumer Goods Safety Ordinance (chap. 456)
- The
Ordinance imposes a statutory duty on manufacturers, importers and suppliers of
consumer goods to ensure that the goods they supply
for local consumption are
reasonably safe. Our Consumer Council is a vigilant and active watchdog in this
regard.
The Toys and Children’s Products Safety Ordinance (chap.
424)
- The
Toys and Children’s Products Safety Ordinance imposes a statutory duty on
manufacturers, importers and suppliers of toys
and children’s products to
ensure that the goods they supply for local consumption satisfy the stipulated
safety standards.
Again, the vigilance of the Consumer Council is a valuable
safeguard.
Health-care education
Health-Care and Promotion Fund
- The
Fund provides financial support for health-care and promotion projects; research
related to health promotion and preventive care;
and treatments - such as
special types of operation - that are currently unavailable in Hong Kong. All
non-profit-making organizations
may apply.
Central Health Education Unit
- The
Unit is part of the Department of Health. It plans, organizes, coordinates and
promotes health education activities. It also
provides professional advice to
government departments and NGOs, produces health education resource materials,
trains health promoters,
and delivers health education to the public. Many
health risks are lifestyle-related (drug abuse, smoking, lack of exercise,
unhealthy
diet, and so forth). The Unit is sensitive to changes in community
behaviour, including that of children, and is addressing these
problems mainly
by promoting the advantages of a healthy lifestyle. For example, in 1999 it
organized activities to promote a healthy
diet in schools and kindergartens. In
2000, it ran a campaign under the title “Healthy Exercise for All”
to promote
physical activity.
- Other
initiatives of the Unit include:
(a) The student health
ambassadors: the Unit trains groups of secondary school students to
undertake health promotion in their schools and in the community. The training
takes place during the summer vacation and covers such topics as smoking,
alcoholism, drug abuse, sex education, mental health, HIV/AIDS,
and other
communicable diseases. In 1999, 584 ambassadors completed the course;
560 did so in 2000; and
(b) Sex education, sexually transmitted diseases, contraception and
pregnancy: the Unit produces resource materials on sex education,
sexually transmitted diseases, contraception and pregnancy. Among other things,
these include a 24-hour Health Education Hotline and a web
site[.]
AIDS
Education and information on AIDS
- In
1997, the Education Department issued its “Guidelines on Sex Education in
Schools” prepared by the Curriculum Development
Council - to
all kindergartens and primary and secondary schools. The Guidelines
included elements on AIDS. In schools, AIDS education
is promoted as part
of the sex education programme and through other learning activities that focus
on AIDS. The aim is to foster
a supportive attitude towards victims, and an
understanding both of the routes of transmission and of the need for precautions
when
handling wounds and blood. The Department also runs regular sex education
courses for primary and secondary schoolteachers. In
2001, the Education
Department and the Department of Health will publish revised “Guidelines
on the prevention of blood-borne
diseases in schools” to better inform
students and teachers about HIV prevention and care.
- The
schools take a cross-curricular approach to sex education. At the primary
level, elements of sex and AIDS education are substantially
integrated into the
General Studies syllabus. At the secondary level, they are integrated into
various subject syllabuses[.
]
- In
1997, the Department of Health established the Red Ribbon Centre for AIDS
education, research and resources. In December 1998,
the Centre was designated
a UNAIDS collaborating centre. It is open to members of the public and - with
the Education Department
and Social Welfare Department - organizes regular
seminars and training activities for (inter alia) teachers, social welfare
personnel,
and students. The Department of Health regularly publishes
newsletters, bulletins and other publications to foster communication
and
coordination among the AIDS community. It also runs an interactive AIDS Hotline
that receives an average of 5,000 calls per
month. An integrated
hotline on sex, sexually transmitted diseases and AIDS launched in
July 1996 - now receives an average of
about 10,000 calls per month.
Preventing discrimination against children infected with
AIDS
- As
at the end of 2000, 36 out of the 1,542 reported cases of HIV infection in
Hong Kong were aged 15 or below. Twelve were infected
as a result of
mother-to-child transmission. Most of the remainder contracted the virus
through transfusion of blood or blood products
before August 1985.
Universal antenatal HIV testing will be introduced into the public health sector
in 2001 with a view to minimizing
prenatal transmission of HIV infection.
All infected babies will benefit from early life-prolonging treatment.
- As
a matter of policy, children with HIV are not segregated in schools or in regard
to access to social services. This policy has
legal “teeth” in
the form of the Disability Discrimination Ordinance (DDO: chap. 487), which
outlaws discrimination
against - inter alia -persons with
HIV/AIDS[.] Recently, the
Equal Opportunities Commission published a Code of Practice on Education
for public consultation. The Code aims to:
(a) Assist
educational establishments to develop policies and procedures that prevent and
eliminate disability discrimination;
(b) Provide educators with practical guidance on making provision for
students with disabilities that are consistent with the provisions
set out in
the DDO; and
(c) Enable persons with disabilities, their parents, and associates to
understand their rights and responsibilities under the Ordinance.
The Code explains the definitions of disability in the DDO and that they
include persons suffering from HIV/AIDS. Instances of mistreatment
of children
with those conditions are included in the examples provided in the Code to
illustrate the various forms that discrimination
can take.
International cooperation in the promotion of
children’s health
- Hong
Kong cooperates closely with WHO, the International Planned Parenthood
Federation (IPPF), the United Nations Children’s
Fund (UNICEF) and the
World Bank. We draw on the experience of other countries to formulate policies
and programmes suited to local
circumstances.
C. Article 18, para. 3 - Childcare services for working
parents
- Childcare
services for working parents are discussed in paragraphs 198-209 above, in
relation to article 18, paragraphs 1 and 2.
D. Article 23 - Disabled children
Services for children with disabilities and special
needs
- Our
policy objective is to help people with disabilities to develop their physical,
mental and social capabilities. We also seek
to create a physical and social
environment conducive to their full participation in social life and
development, and in which they
enjoy equality of opportunity. Over 90 per cent
of the direct rehabilitation services for disabled persons are provided by
subvented
NGOs. In 2000/01, the Government spent over HK$ 14 billion
(about US$ 1.8 billion) for these purposes.
Prevention, identification, assessment
- We
help to prevent disabilities through health education, free immunization
programmes and early identification and assessment. The
Department of
Health’s Comprehensive Observation Service and health education for
parents help to ensure the early identification
of disabilities among children
from birth until the age of 5. The Student Health Service provides annual
health assessments for
all primary and secondary school students. The Education
Department’s Combined Screening Programme provides audiometric and
vision
screening for all primary one students and identifies those with speech and
learning difficulties. Children found to have
developmental retardation or
health problems are referred to either the child assessment centres run by the
Department of Health
or the Hospital Authority; the Education Department’s
special education services centres; and/or appropriate specialists for
detailed
assessment, treatment and follow-up.
Medical rehabilitation
- The
Hospital Authority provides medical rehabilitation services to children with
disabilities through multidisciplinary collaboration.
Most of such services are
provided in ordinary clinics and hospitals. But there are also specialized
facilities to serve certain
disability groups, such as autistic
children.
Pre-school training and education
- Early
intervention in the rehabilitation of disabled children helps to reduce
developmental delays. To that end, various services
cater for the needs of
children of different ages and with different degrees of
disability:
(a) Early education and training centres: serve
disabled children aged from birth to 2 years old, though they also take
disabled children aged 2-6 if they are not concurrently
receiving other
pre-school rehabilitation services (see below). The centres are run by NGOs and
provide educational and training
activities for disabled children on an
individual and/or group basis. Social workers, physiotherapists and
occupational therapists
help develop the children’s gross and perceptual,
motor, communication, self-care, cognitive and social skills. The centres
also
provide support and counselling for the children’s families. As
at 31 December 2000, the centres provided places for
1,615
children;
(b) Special childcare centres: serve moderately and severely
disabled children aged 2-6. They help to develop their charges to the
fullest possible extent, so
as to establish a firm foundation for subsequent
education and development. The centres provide occupational therapy,
physiotherapy
and speech therapy. Some special childcare centres also provide
residential services to children who are homeless or abandoned,
or whose
disabilities are so severe as to require more intensive care. As at 31 December
2000, there were 1,269 places in these
centres, of which 108 had residential
facilities;
(c) Integrated programmes in ordinary childcare centres: cater for
mildly disabled children aged 2-6. As a matter of policy and wherever possible,
disabled children are integrated into
ordinary childcare centres. Childcare
centres participating in the programme are allocated an additional
“special childcare
worker” for every six disabled children, together
with psychological and allied health support. As at 31 December 2000, there
were 1,338 places in the programme; and
(d) Integrated programmes in kindergartens: serve mildly disabled
children aged 3-6. The disabled children take part in the same activities
as their nondisabled counterparts
but are withdrawn from classes for half an
hour each day to receive special remedial support in cognitive, social,
communication,
perceptual-motor and self-help skills. Each participating
kindergarten is allocated an additional resource teacher and, where needed,
receives the support of educational psychologists and inspectors of the
Education Department. As at 31 December 2000, there were
168 places
in the programme.
- Emotional
support and practical advice to the relatives of disabled children is also
important to the children’s overall care
and development. That support is
provided through six parent resource centres, patient resource centres, and
a Community Rehabilitation
Network service. The resource centres foster
parents’ understanding and acceptance of their children’s
disabilities.
They also help them to secure appropriate training opportunities
for the children.
- In
paragraph 29 of its concluding observations, the Committee encouraged the
efforts being undertaken to integrate disabled children
into regular schools.
The following paragraphs explain the present position.
Primary and secondary school education for disabled
children
- As
explained in paragraphs 544-547 of our report the ICESCR, children with special
needs are encouraged, and given appropriate support,
to receive education in
ordinary schools as far as possible. Annex VIG sets out the recognized
definitions of the various forms
of disability. Annex VIH lists the support
services provided to disabled children studying in ordinary schools.
- Children
with more complex needs, or whose disabilities are so severe that they cannot
benefit from education in the mainstream, receive
free and compulsory general
education in special schools up to the junior secondary level. Children with
physical or sensory impairment
receive a minimum of 9 years’ education;
mentally handicapped children receive 10.
- Disabled
children who are capable of pursuing academic studies have access to senior
secondary education (Secondary 4 and Secondary
5) in ordinary or special schools
depending on their needs. Those who are not academically inclined have access
to vocational training.
The supply of and demand for the various types of
special schools are indicated at annex VI (I).
The way forward
- In
September 1997, the Education Department initiated a two-year pilot project to
test ways of empowering ordinary school personnel
to participate more fully in
the integration progress. The project - which is essentially a control study -
covers 9 schools and
48 integrators. It was extended to 40 schools in the
2000/01 school year and will be extended to 65 (in total)
in 2001/02.
Vocational rehabilitation and employment
- Upon
completion of junior secondary
education[, ]children with disabilities may
choose to continue their education, pursue training in daily living skills, seek
employment in the
open market, or receive vocational training according to their
abilities. The Vocational Training Council, a Government-subvented
body,
provides a vocational assessment service to assess students’ potential for
employment and for vocational training. Those
wishing to seek open employment
will receive free placement services from the Labour Department’s
Selective Placement Division.
But some disabled children are not ready, at that
stage of life, to take up open employment. Others cannot do so because of
limitations
arising from their disabilities. These groups can avail themselves
of the vocational training provided in skills centres or the
simple job skills
training provided in sheltered workshops and in supported employment units. As
at the end of 2000, the skills
centres provided 1,184 full-time training places;
the sheltered workshops provided 6,795 places; and there were 1,250 supported
employment
places.
Transport
- The
Government and public transport operators continuously seek to improve the
userfriendliness of public transport facilities for
people with disabilities.
The Transport Department convenes a working group comprising representatives of
major public transport
operators and various disability groups. The group meets
regularly to identify new initiatives
and to monitor progress of any improvement measures. Centrebased transport
services are available for disabled persons who cannot
make use of public
transport. Additionally, the Governmentsubvented “Rehabus” service
provides doortodoor transport
for people with serious mobility difficulties.
Access to buildings
- The
Buildings Department’s “Design Manual: Barrier Free Access
1997” prescribes both obligatory and recommended
requirements for
building design to facilitate access by people with disabilities. The
obligatory requirements are incorporated
in the Buildings Ordinance
(chap. 123). The Ordinance prescribes the criteria for the approval of
plans for new buildings. Where
structurally feasible, access and other
facilities in existing government buildings are modified to meet the statutory
requirements
as far as possible.
Welfare allowances for disabled persons and their
families
- Severely
disabled persons are eligible for a nonmeanstested disability allowance. The
current normal rate is HK$ 1,260 per
month[.] A higher rate of
HK$ 2,520 per month is payable to those who require constant
attendance at home. Families in financial difficulties
may also apply for the
Comprehensive Social Security Assistance scheme, which is meanstested
(see paragraphs 360366 below). Additionally,
persons with disabled
dependants enjoy a tax allowance, currently set at HK$ 60,000 for each
disabled dependant who is eligible to
claim the disability allowance.
Cultural and recreational activities
- Children
with disabilities enjoy the same rights as their nondisabled counterparts in
regard to participation in cultural and recreational
activities. Special
facilities and programmes are available to cater for their needs. As at the end
of 2000, NGOs were operating
17 social and recreation centres providing social,
developmental, recreational, and sporting programmes for people with
disabilities
and their families.
Public education
- Every
year both Government and NGOs run campaigns to promote public understanding of
the different kinds of disability. Thematic
messages include prevention of
disabilities, caring and treatment, open and supported employment, and the right
of people with disabilities
to full participation in the life of the community.
With effect from the financial year 2000/01, recurrent government expenditure
on
these activities has been set at HK$ 2 million a year.
International cooperation
- The
Hong Kong SAR is a signatory to resolution 48/3 of the United Nations
Economic and Social Commission for Asia and the Pacific
proclaiming the Asian
and Pacific Decade of Disabled Persons (19932002). NGOs and Government have
been taking positive action to
implement the Agenda for Action for the Decade.
We also participate extensively in international conferences on rehabilitation
issues
to acquire knowledge and skills of benefit to people with disabilities in
Hong Kong.
E. Article 26 The child’s right to social security
benefit
- Our
social security policy is to meet the basic and special needs of Hong
Kong’s disadvantaged people. These include such people
as the financially
vulnerable, their children, and the severely disabled who may, of course, also
be or have children. As we explained
in paragraph 134 of our report on the
ICESCR, all local residents enjoy the right to social security. This is
achieved through a
comprehensive social security system administered on an
entirely noncontributory basis. The Comprehensive Social Security Assistance
(CSSA) scheme provides a safety net. The Social Security Allowance (SSA) scheme
provides assistance to the elderly and the severely
disabled to meet special
needs arising from old age or
disability[.] Both schemes
are noncontributory, are wholly funded by the general revenue, and are
administered by the Government’s Social
Welfare
Department.
Comprehensive Social Security Assistance (CSSA)
scheme
- To
be eligible for CSSA, a person must have resided in Hong Kong for at least one
year. Commentators have said that this discriminates
against new arrivals and
their families. But the Director of Social Welfare has the discretion to waive
the criterion in cases of
genuine hardship. Ablebodied CSSA recipients aged
between 15 and 59 who are available for work must be ready for participation in
employmentrelated activities under the Support for Selfreliance Scheme. This
does not, of course, apply to children or young adults
in fulltime
education.
- This
is an incomesupport scheme that provides a safety net for persons of any age
with a proven need for financial assistance. The
Scheme is meanstested. All
recipients are entitled to free medical treatment at public hospitals or
clinics. The standard rates
payable under the Scheme include allowances for
different categories of children receiving financial assistance. The standard
rates
have been increased on three occasions since we submitted the previous
report to take account of inflation: by 7 per cent in April
1996, 6.5 per cent in April 1997 and 4.8 per cent in
April 1998.
- In
paragraph 152 of our report on the ICESCR, we advised the Committee on Economic,
Social and Cultural Rights that we were reviewing
this policy with a view to
encouraging employable CSSA recipients to find employment to rejoin the
workforce. The review concluded
that it was necessary to reduce the standard
rate payment to ablebodied adults and children by 1020 per cent for
larger households
comprising three or more such members, mainly to take account
of the economies of scale. It was also necessary to reduce the standard
rates
and types of special grants available to ablebodied adults and children in order
to guard against reliance on CSSA becoming
a preferred option. These
recommendations were put into effect from June 1999, together with other
recommendations arising from the
review. Ablebodied adults and children are
still entitled to special grants for rent, water charges, schooling expenses,
childcare
centre fees, and burial expenses. The special grant for schooling
expenses is retained to ensure that children are not denied access
to
education.
- Some
commentators have asserted that the rates payable under the CSSA do not provide
an acceptable standard of living. But, even
after we tightened the standard
rates (and the range of special grants) in the light of the 1998 review, the
estimated average monthly
CSSA payments
remained close to the average monthly expenditure of nonCSSA households in
the lowest 25 per cent expenditure group. This indicates
that current
CSSA rates do provide an acceptable standard of living.
Other forms of assistance available to families
- Single
parents face special difficulties in bringing up families without the support of
a spouse. In recognition of those difficulties,
singleparent families that are
CSSA recipients receive a monthly singleparent supplement from CSSA, in addition
to the standard rates.
Special grants are also payable to cover childcare
centre fees, school fees, and other educational expenses. And a flatrate grant
is available for selected items of schoolrelated expenses (introduced in April
1996).
Extra assistance to families with disabled and ailing
children
- Disabled
and ailing children are entitled to additional assistance in the form of a
higher standard rate or other allowances such
as special diet allowance.
Additionally, those who have received assistance continuously for 12 months
receive an annual longterm
supplement to help replace household and durable
goods.
The disability allowance under the Social Security Allowance
scheme
- This
takes the form of a monthly flatrate allowance to persons with a disability. It
is not meanstested and is payable to persons
of all ages who are certified by
recognized medical authorities to be suffering from a disability broadly
equivalent to 100 per cent
loss of earning capacity according to the
criteria in the First Schedule to the Employees Compensation Ordinance. They
must also
have resided in Hong Kong for at least one year. Currently, the rate
of payment is HK$ 1,260 a month. A higher rate of HK$ 2,520
is paid
to persons who need constant daily attendance and who are not receiving such
care in a government or subvented institution.
As at 31 December 2000, some
86,000 people were receiving this allowance.
F. Article 27, paras. 13 Standard of living
General
- The
Hong Kong economy witnessed sustained strong growth before 1997, before
experiencing a downturn in 1998 and in early 1999 upon
the impact of the Asian
financial crisis. There was a robust economic recovery from mid1999 to 2000,
upon a strong and broadbased
upturn on both the external and domestic fronts.
But 2001 has again seen a marked downturn.
- Nevertheless,
Hong Kong’s average standard of living has improved significantly in the
past decade. This is reflected in the
following statistical indicators:
- Per capita
GDP amounted to HK$ 190,100 in 2000: an increase of
86 per cent in money terms over 1990. Netting out the price effect,
the corresponding
increase was also significant, at 31 per cent in
real terms;
- Median
monthly household income increased from HK$ 8,900 in the second quarter
of 1990 to HK$ 18,000 at end 2000, a cumulative increase of
102 per cent in money
terms; and
- Median
monthly employment earnings increased from HK$ 5,100 in the second
quarter of 1990 to HK$ 10,000 at end 2000, a cumulative increase of
96 per cent in money terms
over the past
decade.
Currently, per capita GDP in Hong Kong ranks about
sixteenth in the world.
General economic condition of Hong Kong
Unemployment rate
- See
Part I, paragraph 1 (l).
Number of children receiving CSSA benefits
- As
at 31 December 2000, a total of 98,969 persons aged under 18 and who were,
therefore, children for the purposes of the Convention
received benefits under
the CSSA scheme. By way of
comparison:
Year
|
Number of recipients aged under 18
|
1996
|
52 942
|
1997
|
69 665
|
1998
|
101 653
|
1999
|
103 639
|
Tax allowance for taxpayers with children
- Taxpayers
can claim income tax deductions for any unmarried children maintained by them at
any time during the year of assessment.
The children must be
either:
(a) Under the age of 18 during the year of assessment;
or
(b) Under the age of 25 during the year of assessment and receiving fulltime
education at a university, college school or other similar
educational
establishment; or
(c) Aged 18 or over and, by reason of physical or mental disability,
incapacitated for work. A medical certificate must accompany
a claim for an
incapacitated child.
In the current financial year, the allowance for both the first and second
child is HK$ 30,000 each. The allowance for the third
to the ninth child
is HK$ 15,000 each.
Housing
- Our
housing policy is to achieve better housing for all, through an adequate supply
of affordable housing for ownership or rent.
This
entails:
(a) Providing public rental housing for families who
cannot afford adequate private accommodation. As at the end of December 2000,
about 614,000 households, comprising 2.1 million people, lived in
public rental housing estates. Eligibility is meanstested and
applicants must
have at least seven years’ residence in Hong Kong. Demand is high and
applicants must join a waiting list.
At the end of January 2001, there were
over 110,000 applicants on the list. The average waiting time for public
rental housing
was five years: we aim to reduce this to three years by
2003; and
(b) Encouraging home ownership through various subsidized schemes. The aim
has been to improve the living conditions of lowerincome
families who are
ineligible for public rental housing. And, when public rental tenants acquire
subsidized home ownership flats,
their rental flats become available to those in
genuine need.
Children’s housing needs
- Children
under the age of 18 are eligible for public housing if their parents meet the
relevant eligibility criteria. Most of the
public housing is provided with such
facilities as schools, playgrounds, clinics, bus terminuses, social services
centres, shopping
malls, and so forth. The space allocation standard (currently
5.5 square metres of internal floor area per person) and the
living environment take into account children’s development needs.
Inadequately housed households
- We
are committed to reducing the number of inadequately housed people and helping
all households gain access to affordable housing.
In the past five years,
we have taken the following measures to achieve these
objectives:
(a) Implementation of the public housing
programme: between 1995/96 and 1999/2000, we rehoused a total
of 160,000 households in public rental
flats.[.] Formerly, many of
the beneficiaries were inadequately
housed[;]
(b) Redevelopment of nonselfcontained public housing flats under the
Comprehensive Redevelopment Programme: so far we have cleared 415 blocks
including 258 blocks of nonselfcontained flats;
(c) Clearance of squatter areas: since 1994/95, we have cleared a
total of 80 squatter areas and have rehoused over 12,100 families; and
(d) Clearance of old style temporary housing areas (THAs) and cottage
areas: between 1994/95 and 2000, we cleared a total of 44 THAs and
2 cottage areas.
- These
measures have reduced the percentage of inadequately housed households
from 10.3 per cent in 1995 to 6.3 per cent in
2000[. ] Between the first quarter of 1995 and
the first quarter of 2000, the percentage of such households with members aged
under 18 dropped
from 30 per cent to 27 per cent
[. ]With the decreasing number of
THAs and cottage areas, and with the redevelopment of nonselfcontained public
housing flats, we expect
the percentage of inadequately housed households to
continue steadily to decline. To ensure this, we will:
- Clear the
remaining THAs and cottage areas by the end of 2001;
- Continue to
clear squatter areas affected by new developments for public purposes;
- Rehouse eligible
households affected by clearances of unauthorized rooftop structures;
- Redevelop the
remaining nonselfcontained flats in public housing estates; and
- Reduce the
waiting time for public housing from five years to three.
Eligibility of newarrival families for public housing
- We
encourage new arrivals and their children to register on the waiting list for
public rental housing so that their applications
can be considered once they
fulfil the residence rule and other eligibility criteria. One such rule was
that over 50 per cent of
an applicant’s household members must
have lived in Hong Kong for seven years. Commentators considered that
this policy discriminated
against new arrivals who, they said, were obliged
by financial circumstances to live in substandard private sector housing. But
public housing resources are scarce in relation to demand and we have considered
it fair and reasonable that longerterm residents
should enjoy priority in the
allocation of public rental housing. Nevertheless, in 1999, we relaxed the
criteria as follows:
(a) Now only half of an applicant’s
household members (including the principal applicant) must have (at least) seven
years’
residence in Hong Kong; and
(b) All children under the age of 18, regardless of their places of birth,
are deemed as having satisfied the sevenyear residence
rule, provided that one
of their parents has lived in Hong Kong for seven years.
This has made it easier for newly arrived children and their families to
qualify for public rental housing.
- Newly
arrived children aged under 18 and spouses of existing public housing tenants
may join their families (that is, to live with
them in public housing).
Where this results in overcrowded living conditions, such households can apply
for larger flats.
- In
exceptional cases, new arrivals who face genuine difficulty in finding
accommodation may temporarily be accommodated in transit
centres until they can
make their own housing arrangements. Flexibility is exercised where the
Director of Social Welfare recommends
compassionate housing on medical or social
grounds.
Transport
- Hong
Kong has an excellent public transport network, offering a wide range of choices
to commuters. All public transport operators
offer concessionary fares to
children aged 12 years and under, usually at about half the regular fare.
Children aged under 3 years
(4 years in the case of public buses)
travel free when accompanied by an adult. Fulltime students also
enjoy concessionary fares
when travelling by rail. Spending on public
transport comprises about 9 per cent of average household
expenditure in Hong Kong.
Food
- We
recognize the right of everyone, particularly children, to be free from hunger.
Through a combination of imported food and local
primary production, an adequate
supply of food is available for the whole community. The Agricultural,
Fisheries and Conservation
Department ensures that adequate stocks of essential
commodities are maintained. Food has remained affordable as average wage
increases
have significantly exceeded increases in the price of food. This is
demonstrated by the indices of wages, general consumer prices
and foodstuff at
annex VIJ.
Education
- This
is addressed in paragraphs 386417 below, in relation to
article 28.
Social security
- This
is addressed in paragraphs 360367 above, in relation to article 26.
Children in poverty
- Some
commentators have called on us to address the question of child poverty in this
report. Our position is that:
(a) Poverty is a complex issue.
There is no universally agreed and objective definition of the term. And any
such definition is
subject to contextual variables of time, place and prevailing
social conditions. As we informed the Committee on Economic, Social
and
Cultural Rights, in response to a question about poverty in
general[, ]Hong Kong has no official definition
of poverty and the Government does not recognize an official poverty line. Some
NGOs define
poverty in relative terms, setting the poverty line at, say, half
the median wage, or half the median household income, or some other
similar
benchmark. But this approach implies that even the most affluent societies will
always contain a group of people regarded
as “poor” and we therefore
consider it unsound. Other NGOs have defined poverty in terms of income
distribution. But
such analyses take no account of intangible income derived
from government spending on housing, health and education, so understating
the
economic effectiveness of welfare services in improving household income and its
distribution;
(b) Although there is no official poverty line, it has always been
government policy to assist the financially vulnerable to meet
their basic and
essential needs. Our social security system ensures that no one is denied
medical care, food, shelter, education,
and so forth and
a poverty line is not a prerequisite to action on behalf of those in
need. At the end of 2000, about 365,000 people (about
5.4 per
cent of the population) were receiving such support, of whom
nearly 99,000 were children for the purposes of the Convention. The
latter
account for about 5.3 per cent of all Hong Kong’s
children;
(c) Children’s needs are best met from within the family. With that
in mind, consultants from the University of Hong Kong
whom we commissioned to
review the provision of family welfare services (particularly with lowincome
families in mind) have recommended
that such provision should, in future, be
“childcentred, familyfocused and communitybased”. The aim, they
propose, should
be to meet changing family needs in a holistic and integrated
manner. Being childcentred, a major direction in future will be to
support
parents, strengthen the institution of marriage, and reduce the risk of family
breakdown. We have generally endorsed this
approach; and
(d) Fundamentally, we consider that the best approach to poverty is to
tackle the issue at source by focusing efforts on achieving
strong economic
progress and providing educational opportunities for all.
- Some
commentators have called on the Government to conduct a survey of children
living in poverty in Hong Kong. For the reasons in
paragraph 384 above and
particularly the fact that there is no recognized definition of poverty in
Hong Kong we do not consider
that such a survey would be useful. We are
aware of the needs of children in lowincome families. Strategies, measures and
services
are in place to address their needs and to provide them with
relief.
VIII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
A. Article 28 Right to education
- Article
136 of the Basic Law provides that the HKSAR government shall, on its own,
formulate policies on the development and improvement
of education, including
policies regarding the educational system and its administration, the language
of instruction, the allocation
of funds, the examination system, the system of
academic awards and the recognition of educational qualifications.
Article 137 provides
that educational institutions of all kinds may retain
their autonomy and enjoy academic freedom, and students shall enjoy the freedom
to choose where to pursue their education. Article 144 provides that the HKSAR
government shall maintain the policy previously practised
in Hong Kong in
respect of subventions for nongovernmental organizations in fields including
education.
- Education
ranks among the government’s highest priorities, reflecting the fact that
people are our only natural resource and
that our future depends on our ability
to prepare each new generation to meet the everchanging challenges and demands
of the global
marketplace. Accordingly, education receives one of the highest
allocations in the annual budget (nearly 23 per cent of total
government
spending in 20002001). In 20002001, expenditure on education
totalled HK$ 51.7 billion, or 4.1 per cent of GDP. By way
of comparison,
the corresponding figures were HK$ 25.365 billion in
1993 (2.99 per cent of GDP) and HK$ 11.266 billion in 1988
(2.81 per cent of
GDP). About one third of the budget is spent
on tertiary education ($ 17 billion in 20002001).
Access to education and educational attainment
Preprimary education
388. Preprimary education is
not compulsory. But most parents consider such education to be an important
preparation for primary
schooling and about 76 per cent of children
aged 35 attend private kindergartens. The government considers that preprimary
schooling
is essentially a matter of parental choice and does not fully
subsidize education at this level. But it is concerned that the services
provided should be of a good standard. That is, they should be provided by
qualified persons in premises that are fit for the purpose.
To ensure this, the
government provides subsidies in the form of rent and rate reimbursements,
purposebuilt kindergarten premises
in public housing estates, remission of fees
to needy parents[,] and
grants to enable kindergartens to employ more qualified
teachers[.]
Nine years’ free and compulsory education
- Access
to education is not constrained on grounds of race, religion, sex, age, or
language. Sixyears’ primary education became
free in 1971. In 1978, free
and compulsory education was extended to the third year of secondary education
(Secondary 3). The Education
Ordinance (chap. 279) empowers the
Director of Education to enforce school attendance if a child is not attending
school without
reasonable excuse.
Encouragement of regular attendance
- The
Education Department’s Nonattendance Case Team counsels children who fail
to attend school, encouraging them to return to
school and enforcing attendance
if necessary. Their success in this regard is illustrated by the steady
fall in the dropout
rate:
School year
|
Dropout rate (%)
|
1997/98
|
0.28
|
1998/99
|
0.22
|
1999/2000
|
0.19
|
2000/01
|
0.18
|
School discipline
- Corporal
punishment was abolished in Hong Kong schools in 1991. The Guidelines
on Student Discipline, issued to schools in March
1999, stress the primacy
of the students’ dignity in all disciplinary proceedings. The Guidelines
recommend a “wholeschool
approach” whereby all personnel, students,
and their parents reach a consensus on disciplinary issues. Communication and
collaboration
between home and school is essential to the effective realization
of this principle.
The secondary curriculum
- At
present, our policy is to provide subsidized Secondary 4 places for
85 per cent of Secondary 3 students, though in practice, about
90 per cent of them receive subsidized senior secondary education.
However, as Hong Kong develops into a knowledgebased economy,
we see the need to
provide more education and training opportunities beyond Secondary 3. To that
end, from the 2002/03 school year,
we will provide subsidized Secondary 4
places, or training places, to all Secondary 3 students studying in publicly
funded schools
who have the ability to progress with their education and wish to
do so. We expect that, from 2003/04, about 95 per cent of Secondary
3
graduates will so progress. We also expect that, in future years, more schools
will offer curricula that help their students
to develop generic skills and
enable them to receive more practical or vocationoriented training. Such
diversity will serve the
varying needs and abilities of students.
- Other
schools also offer a fiveyear secondary course leading to the Hong Kong
Certificate of Education Examination (HKCEE). But
their curricula are
essentially technical/vocational in orientation and seek to provide students
with a solid foundation of general
knowledge and generic but fundamental and
transferable skills. If successful in the HKCEE, their students may proceed to
Secondary
6 and 7, sit the Hong Kong Advanced Level Examination, and
compete for places in local tertiary institutes, including universities.
- Practical
schools: offer a threeyear junior secondary education to help students
develop their interest in and motivation towards studies and prepare
them for
vocational training, employment or senior secondary education in mainstream
schools. However, believing that placement
in these schools may stigmatize
students to their longterm detriment, we are taking action to integrate them
into the educational
mainstream in 2002/03 and provide their students with a
curriculum designed to meet their diverse learning needs.
- Skills
opportunity schools: offer a threeyear skillsoriented curriculum to help
students with severe learning difficulties to acquire basic social and
vocational
skills. These schools will also be mainstreamed in the long
run.
Financial assistance
- A
fundamental government policy is that no student shall be deprived of education
for lack of financial means. There are several
publicly funded schemes that
ensure this. These include:
(a) Student travel
subsidy: needy full-time students aged 12 or above who have not yet
completed their first-degree-level studies are eligible for a subsidy to
cover
part of their study-related travel expenses;
(b) Textbook assistance: this is a grant made to
needy students attending public sector schools and local schools under the
Direct Subsidy Scheme for the purchase of essential textbooks
and miscellaneous
school-related expenses; and
(c) Fee remission: needy Secondary 4 to 7 students in public
sector schools may have their tuition fees and public examination fees
waived.
Education and vocational information
In-school education guidance
- At
the primary level, the Education Department’s student guidance service
helps primary schools to create a caring environment
for the all-round
development of students. At the secondary level, students in public sector
schools receive career guidance from
dedicated career staff or career teams. To
complement these services, the Education Department has established a homepage
with up-to-date
information on further study and vocational training
opportunities.
Post-secondary education including vocational training
- The
Vocational Training Council (VTC) is Hong Kong’s main provider of
vocational training. It operates through:
(a) The Hong Kong
Institute of Vocational Education (IVE): provides technical education
on its nine campuses[.] In
the current academic year (2000/01), it provided 21,779 fulltime, 10,337
part-time day-release, and 24,658 part-time evening
places, mainly at the
diploma and higher diploma levels;
(b) The training and development centres: there are 18 such
centres. Their role is to provide skills training at a more basic level than
those provided by the IVE. In the
2000/01 academic year, they offered 68,850
full and part-time places; and
(c) Skills centres: provide vocational training for people
with disabilities. Currently, there are three such centres. In the 2000/01
academic year,
they offered 1,193 fulland part-time places.
The majority of the students in the VTC “net” are aged between 15
and 19. As such, most of them are “children”
for the purposes of
the Convention.
The Youth Pre-Employment Training Programme
- This
initiative was launched in 1999 to prepare school leavers aged between 15 and 19
for the job market, to improve their competitiveness
in the search for jobs, and
to help them prepare career plans. The programme offers them employment-related
training and workplace
attachment opportunities in such fields as customer
service, information technology, catering, and hospitality. The programme also
offers guidance and counselling services, thereby increasing the employability.
In 2000/01 over 12,000 young people received such
training, of whom some 3,800
have decided to pursue further studies on completion of the
programme[.]
Higher education
Provisions of tertiary places
- As
part of our efforts to enhance the competitiveness of Hong Kong in the
increasing knowledge-based economy, we have undertaken to
support the
progressive increase in postsecondary education so that 60 per cent of our
secondary school leavers will have access
to post-secondary education by
2010/11. This would include degree-and sub-degree-level programmes, and covers
both publicly funded
and self-financing modes.
Financial assistance
- It
remains our policy that no qualified student be deprived of access to tertiary
education for the lack of financial means. The
Student Financial Assistance
Agency administers various financial assistance schemes for tertiary students
and privately funded scholarships
awarded on the basis of academic merit.
Details of these are at annex VIIA.
Special educational needs
Students with disabilities and special needs
- This
is discussed in paragraphs 343-352 above, in relation to article 23.
Education for the gifted
- Educational
policy takes full cognisance of the provision in article 29.1 (a) that education
shall be directed to “the development
of the child’s personality,
talents and mental and physical abilities to their fullest potential”.
That, indeed, is
our aspiration and all students are now exposed to enriched
curricula designed to nurture higher-order thinking skills, creativity,
and
personal social competence. But with a view to helping gifted children to
achieve their fullest potential, such students additionally
receive
differentiated teaching with appropriate group methods and extended
curricula, normally through “pullout programmes” within mainstream
schools. We recognize that the mainstream
environment may not always adequately
meet the educational needs of exceptionally gifted students and provide off-site
support measures,
where that is considered appropriate.
Counselling and guidance services
- The
guidance service is available to all students. It supports the development of
the whole person and also serves a preventive function.
The Education
Department encourages a whole-school approach whereby all school personnel work
together to create a positive learning
environment that nurtures students’
self-esteem, and ensures that their needs are addressed in a constructive
manner. The
Department supports the development of the service through funding,
in-service training, resource materials, advisory visits, and
school-based
training workshops.
- We
discuss the related issue of child suicide - and respond to paragraph 31 of the
Committee’s concluding observations - in
paragraphs 321-327 above, in
relation to article 24.
Education for newly arrived children and young people from
Mainland
Chin[a]
- Newly
arrived children are entitled to the same educational services and support as
local students. They also have access to remedial
services such as educational
and personal guidance and remedial teaching in Cantonese, English and
Mathematics. They are also eligible
to apply for the various types of financial
assistance provided by the Government if they meet the relevant criteria.
- In
1997/98, we introduced a block grant system to help public sector schools
provide school-based support services to these children.
The grants are given
at the rate of $2,720 per child at the primary level and $4,035 at the secondary
level.
- The
Education Department’s Central Placement Unit works closely with the
district education offices to help newly arrived children
secure school places.
Those aged 6-15 are quickly enrolled. To help them to integrate into the local
education system, the Department
has issued curriculum guidelines to
schools on Chinese Language, English Language and Mathematics. It has also
formulated a testing
system to help schools assess the standards that newly
arrived applicants have attained in these subjects. The tests also enable
the
schools to determine the level of entry (class) appropriate to each such
child.
- The
Department also provides placement assistance on request to young new arrivals
aged over 15. Alternatively, they can attend craft
courses run by the technical
institutes of the VTC or adult educational courses run by the Department and
NGOs. The minimum age
for admission to adult education courses was lowered from
18 to 15 in September 1996.
The way forward
- The
arrival of these children has generated increased demand for school places. We
expect that trend to continue. With that in view,
we are constructing new
schools to ensure that there are sufficient places. Since 1997/98, we
have built 13 new primary and 19 new secondary schools to meet the
demand.
Education for children from the non-Chinese-speaking ethnic
minorities
- The
discussion in this section relates to the education of non-Chinese children from
the “settled minorities”, mainly
South
Asians[, ]though there are other settled
groups[. ]Like new arrivals from Mainland
China, many have - or realistically aspire to - the right of abode. And, like
the ex-Mainlanders,
they are entitled to all the rights of permanent residents,
including education, welfare, and housing. Currently, most of Hong Kong’s
South Asian children attend either private international schools, English
Schools Foundation (ESF) schools, or a small number of
designated schools in the
public sector. The ESF and the wholly private
schools are too
expensive for many families, particularly the Nepalese and the Pakistanis.
Recently, there has been increasing public
concern as to the adequacy of
educational provision for these children, particularly in terms of school
places, the language of instruction,
and language learning opportunities.
- All
resident children - including non-Chinese speakers - are entitled to education
in local public sector schools. And our goal is
to integrate children from the
settled minorities as quickly as possible into the educational mainstream. The
public sector schools
have sufficient places for that purpose and the Education
Department has pledged to find such places for those wanting them within
21
working days. But, in practice, most non-Chinese speakers attend the relatively
small number of schools that traditionally have
catered to them. To a large
extent, this is a matter of parental choice and recognizes that the resulting
concentration of non-Chinese
speakers in those schools means that the children
usually communicate in their mother tongue instead of Cantonese. But there are
concerns that this may not be conducive to their successful integration into the
mainstream community and that the schools that accept
minority children may
become “ghetto” establishments that serve to segregate non-Chinese
children from their Chinese
peers.
- Commentators
have also said that it is difficult for children from the ethnic minorities to
secure school places and that the Government
discriminates against non-Chinese
children by “excluding them” from the scheme known as the
“school-based support
scheme”[. ]But there is disagreement as
to the nature of the difficulties facing those children when they enter school.
For some, the principal
concern is that, in some cases, the children are not
taught Chinese. This, they say, compromises their ability to compete on equal
terms for tertiary schooling and, later, for jobs. But other commentators say
that the reduction in the number of schools using
English as the medium of
instructio[n ]has created learning difficulties
for minority children in schools that have switched to Chinese.
- Taking
these concerns seriatim:
(a) Securing school places:
all children aged between 6 and 15 must attend school and the Director of
Education has the duty of ensuring that they
do[. ] The Education Department meets all
requests for school placement on a standard procedural basis. All children -
including those
from the ethnic minorities and new arrivals from Mainland China
- are treated alike. The Department’s district education offices
provide
advice or information on schools, the education system, or policies on
kindergarten and primary and secondary education.
Their offices are located
throughout the territory, ensuring their ready accessibility. The services they
provide are complemented
by the Department’s Central Placement Unit, which
has been in place since February 1996. The Unit’s role is to help
children who need such assistance to find school places. It coordinates and
monitors the progress of each case and will intervene
to assist where necessary.
The Unit also keeps under review the supply and demand of school places and, if
necessary, recommends
the operation of additional classes. As stated above, the
Education Department has pledged to place eligible children in schools
within 21
working days. That pledge has been faithfully fulfilled;
(b) Support services for newly arrived children not born in the
Mainland: at present, the Education Department provides various
tailor-made support programmes to expedite the integration of newly arrived
children into the local education system. These include induction programmes,
short-term full-time preparatory courses, and block
grants to enable the schools
involved to run school-based support programmes; and,
(c) Opportunities to learn Chinese: since the start of the
2000/01 financial year, cash grants have - pace our interlocutors - been
available to schools to facilitate the integration of non-Chinese children.
They are provided on exactly
the same basis as those for the integration of
Mainland children. Inter alia, schools may use the grants to provide
school-based
support services, such as tutorial classes in Chinese/English, and
developing teaching materials for their non-Chinese-speaking students.
Additionally, subvented NGOs run induction programmes to help the children adapt
to the local school environment.
- In
this context, we think it relevant to mention that educational alternatives
exist, both within and outside the public sector.
For example, some public
sector schools use English as the medium of instruction. And some of those that
do so also offer the opportunity
to learn the languages of Hong Kong’s
major minority groups such as Hindi or Urdu. Most of these schools also offer
Chinese
as either a compulsory or optional subject. Additionally, several
schools offer non-local curricula at the primary and secondary
levels. These
are privately run but may
nevertheless have access to public assistance. Under the current policy, if
there is an established demand for school places for
a particular non-local
curriculum, international schools offering that curriculum may apply for land
grants at nominal premium.
They may also apply for interest-free loans of up to
100 per cent of the cost of building primary or secondary public sector schools
of standard design. The amount is adjusted downward if a school’s
capacity is smaller than that of a local school. At present,
44 such schools
offer a range of curricula as those of the United States of America, Australia,
Canada, England, France, Germany,
Japan, Korea, Singapore and so forth.
The way forward
- We
are currently reviewing the overall provision of education in Hong Kong with a
view to meeting the educational needs of non-Chinese-speaking
children.
Concrete plans are expected to be in place by the end of 2001.
International cooperation
- In
paragraph 345 of the previous report, we explained that, in order to keep
abreast of new curriculum theories and modern teaching
methods, Hong Kong
educators, administrators and policy-makers regularly attended international
conferences and courses. Attendees
would subsequently conduct courses and
seminars to pass on the information to local teachers. This practice
continues: see annex VIIB.
B. Article 29 (c) - Aims of education
Educational policy
- Our
policy is to enable everyone to attain all-round development in the domains of
ethics, intellect, physique, social skills and
aesthetics according to their own
attributes. In this way, we hope to ensure that all children emerge from the
formal education
system capable of life-long learning, critical and exploratory
thinking, innovating, and adapting to change.
Medium of instruction
- As
we explained to the Committee on Economic, Social and Cultural Rights in
paragraphs 519 to 527 of our initial report on the ICESCR
in relation to article
13 of that Covenant, the introduction - in 1979 - of the system of nine years
free and compulsory education
meant that the schools had to accommodate students
with a wider range of academic and linguistic ability. Teachers in
English-medium
schools often found themselves having to use Chinese for
explanation and discussion, because of their pupils’ inadequate level
of
English. Teaching in a combination of English and Chinese did help some
students. But in most cases it led to time being wasted
on translation of
English texts in class and, worse, learning being reduced to rote memorization
of facts in English.
- Commentators
have said that “the Government’s stance on mother-tongue teaching
has resulted in much distress to many children
and their parents who have
resisted attempts to phase out English as the medium”. But we remain
convinced that students learn
best in their mother tongue and that most would
learn English better if it were simply treated as an important subject
and taught well. But our efforts - and those of schools that have tried to
revert to using Chinese - have met with resistance from
parents. Nevertheless,
we have continued encouraging schools to teach in Chinese, while ensuring that
students who have a proven
ability to learn effectively in English continue to
have the opportunity to do so.
- To
that end - in 1994/95 - schools were advised that, by late 1997, they would have
to choose the language of instruction best suited
to their students. To help
them make informed choices, the Education Department provided them with language
proficiency profiles
of their past intakes. But they were warned that from the
1998/99 school year schools that continued teaching in a language (or
mixture of
languages) unsuited to their pupils’ ability would be instructed to teach
in the appropriate medium.
- Accordingly,
in September 1997, we issued the “Medium of Instruction Guidance
for Secondary Schools”. Its prescriptions took effect
from the 1998/99 school year when over 70 per cent (about 300)
public-sector secondary schools (government
and aided schools) taught all
academic subjects (except English) in
Chinese[.] It was applied
first to the Secondary 1 intake progressing to Secondary 2 in the second year
and to Secondary 3 in the third.
- The
300 schools were directed to teach in accordance with the “Guidance”
after proficiency assessments (conducted by the
Education
Department[)] indicated that
their pupils were not capable of benefiting from instruction given in
English and that the schools themselves could
not adequately deliver such
instruction. The assessment process also identified 114 schools that were
so capable and whose pupils
demonstrated ability to benefit from an Englishbased
education. Those schools will continue to use English as the medium of
instruction.
- Some
commentators have said that the policy is divisive, and elitist. Others say
that it violates the Convention. The Government
rejects these views and
considers the policy to be in the best interests of children. It ensures that
students are taught in the
linguistic medium through which they are best
equipped to learn. That, in turn, is their best guarantee of educational
attainment
and later career progression. The quality of a school cannot be
assessed by its medium of instruction: schools that teach in Chinese
and
schools that teach in English have both produced outstanding students. We fully
expect that the mother tongue policy will enable
greater numbers of students to
perform with distinction.
Curricula at different levels and in different types of
schools: personality, talent, and mental and physical abilities
- In
its 1999 “Review of the Direction in Special Education Curriculum
Development in Hong Kong for the 21st Century”, the
Curriculum
Development Council (CDC) Committee on Special Educational Needs advocated equal
access by all students, irrespective
of their disabilities, or special needs.
The Committee’s view was that disabled students would be able to maximize
their potentials
by learning through a curriculum framework applicable to
all students. The CDC has presented such a framework in its consultation
document, “Learning to Learn”. Essentially, the
proposal is a
development of the policy of integrating students with special educational needs
into mainstream schools. The aim
is to ensure that they receive the same
curriculum as do their normal counterparts but with content that is
elaborated, enriched, or extended to meet their special needs.
If the
proposals are accepted the principle will also apply to children with
maladjusted personalities. It already applies to gifted
children
(see paragraph 403 above).
- The
curriculum materials that the Committee produces will be sent to all Hong Kong
schools and will be uploaded on the Internet.
This is to ensure that all
teachers have access to materials developed on the principles put forward in the
consultation paper and
can use them as a reference base in designing
school- and/or student-based curricula.
Civic education, human rights education and education
against discrimination
School curriculum and other measures
- In
paragraph 17 of its concluding observations, the Committee expressed the view
that insufficient attention appeared to have been
given to the implementation of
article 29 of the Convention, particularly in respect of according human rights
education the necessary
status within school curricula. And, in paragraph 32,
the Committee recommended the incorporation of human rights education, including
education about the Convention, as a core curriculum subject in all schools.
The Committee noted that this would require that sufficient
time be allocated to
this subject in the school timetable. It also suggested that an evaluation of
human rights awareness-raising
and education be undertaken in the future to
determine its effectiveness in equipping children with tools for life and in
encouraging
their decision-making and ability to think analytically from the
perspective of human rights.
- As
we explained in paragraph 349 of the previous report, civic education, human
rights education, and education against discrimination
are integral to the
curriculum and are addressed in a wide range of subjects. The coverage remains
essentially as explained in paragraphs
349 to 351 of that report, though
the new subject General Studies now seeks to foster understanding of the needs
of persons with
disabilities, including rehabilitation services, and developing
positive attitudes towards the needy. Additionally, extracurricular
programmes
encourage communication and the development of relationships between disabled
and able-bodied children. These include
such initiatives as the “Sister
School Scheme”, the “Pick Your Friend Scheme”, and the
“Opportunities
for Youth Scheme”.
- In
the 1996/97 school year, the Government introduced a new curriculum framework in
its “Guidelines on Civic Education in Schools”.
This covers human
rights and education against discrimination. In 1998/99, Civic Education was
introduced as a specific subject
at the junior secondary level. That, too,
addresses human rights and discrimination.
- Our
policy is to promote equality for students of both
sexes[. ]Schools are encouraged to offer all
subjects in the curriculum to both female and male students. Mutual respect and
equality between
the sexes are fundamental values promoted in subjects such as
Social Studies, Religious Studies and Liberal Studies at the secondary
school
level, and General Studies at the primary school level.
- Other
initiatives in this regard are discussed in paragraphs 126-130 above, in
relation to article 12 of the Convention.
Less emphasis on achievement-oriented education
- Some
commentators say that the present education system is incapable of developing
children’s academic abilities to their full
potential. They have called
for an end to “spoonfeeding”, greater emphasis on creativity and the
development of critical
thinking, and for less emphasis on examinations. They
also say that the Government should provide a variety of play opportunities,
both indoor and outdoor, in school, or out of school, to meet the developmental
needs of children.
- The
Government agrees that children should enjoy more time for extracurricular
activities within school hours and more leisure time
at home. We are aware that
heavy school work and examination pressure can adversely affect the learning
process and children’s
all-round personal development. They can also
adversely influence parents’ perceptions of the meaning of
“success”
in the learning context and the way they monitor their
children’s use of time in the pursuit of such success. We agree too
that
improving the situation requires a new culture of learning and teaching and that
the interests of students will best be served
through a learnerfocused approach
to their education. The promotion and development of that culture of learning
requires the concerted
efforts of different stakeholders, including students,
parents, the schools, the Government, and other sectors of society. This
will
be a learning process for both schools and parents and it would be unrealistic
to expect entrenched attitudes to change quickly.
- The
pedagogical premise on which our view of the way forward is founded is that the
aims of education are to foster students’
moral, intellectual, physical,
social, and aesthetic development. To achieve this, one of the issues that we
have to address is
the creation of space for students to learn. In so doing, we
will address several related issues, including:
- Reducing factual
content that students are required to learn;
- Enhancing
teachers’ competence in adopting diversified learning activities and
learning materials;
- Raising
teachers’ “assessment literacy”, so as to reduce the number of
tests, examinations and assignments that
are mechanical in nature and the time
spent on them. This is predicated on the belief that in raising the quality and
effectiveness
of learning, assessment for learning is more important than
assessment for selection;
- Greater
flexibility in the school calendar and class timetable to make more time for
play, leisure, and social development and to
provide more opportunities for
students to learn beyond the confines of the classroom;
- Cooperating with
NGOs, schools, and other government departments to develop parents’
understanding of the learning process and
the aims of education;
- Providing extra
recurrent funding to enable schools to engage additional
staff;
- Systematically
converting schools to whole-day
operatio[n] to leave more
time for play; and
- Systematically
improving school facilities to provide more physical space (such as student
activity rooms) for students’ use.
Cultural identity and national values
- In
primary schools, these values are fostered through such subjects as General
Studies and Chinese Language. At the secondary level,
the main vehicles are
Chinese Language, Chinese Culture, Chinese History, Civic Education, Social
Studies, and Liberal Studies.
The schools also organize theme-based activities
to develop students’ awareness and understanding of their cultural
identity
and national values.
Respect for the natural environment
- Respect
for the natural environment is one of the fundamental objectives of
environmental education in schools. Environmental education
has been
incorporated in the curricula at all levels and schools have been provided with
learning and teaching resources and relevant
training support for teachers. The
object is to foster the knowledge, skills, and attitudes that will enable
students to become
environmentally responsible citizens. The 1999
“Guidelines on Environmental Education in Schools” prescribe useful
directives
for the achievement of these goals.
C. Article 31 - Leisure, recreation and cultural
activities
- In
paragraph 32 of its concluding observations, the Committee stated that ways and
means of ensuring the fuller implementation of
article
3[1 ]appeared to deserve further study.
As we explained in paragraph 42 of the updating report, the Government
attaches great importance
to the development and promotion of arts, sports,
heritage and extracurricular activities for children. We hope to demonstrate
that
commitment - and recognition of the rights in article 31 - in the following
paragraphs.
The arts
- The
Hong Kong Arts Development Council (HKADC), a statutory body, is responsible for
planning, promoting and supporting the broad
development of arts. Arts
education is one of its priorities. It recently completed a three-year pilot
scheme - Artists in Schools
- under which artists, arts groups and schools
collaborated in various activities. Some 30,000 students benefited under the
scheme,
in which 34 schools, 44 artists and 17 arts groups participated.
The HKADC provided the necessary coordination and funding support.
It will
launch a similar Arts in Education programme in 2001.
- The
Council also provides funding support (in the form of grants) to dance and
theatre companies whose education and outreach units
regularly arrange
workshops, demonstration performances and school tours for schools.
Arts programmes for children
- The
Leisure and Cultural Services Department presents programmes that are suitable
for children and young persons on a year round
basis. These comprise
educational programmes and workshops on various art forms and are either free or
near-free of charge. The
aim is to promote an appreciation of the arts and to
stimulate creativity. The Department’s key initiatives in this area
include:
- The School
Culture Day pilot scheme: a wide range of arts education activities are
offered in the Department’s performing arts venues, libraries and museums
for
schools to organize students to attend during school hours;
- The School
Arts Animateur scheme: performing arts animateurs are placed at schools
where they offer weekly workshops and lecture demonstrations for a duration of
four months to one year. The purpose is to help students to acquire the basic
knowledge and skills of various art forms, including
drama, musical theatre,
multi-art and modern dance;
- The
Artist-in-Residence and Community Cultural Ambassador schemes: performing
arts companies engaged by the Department conduct performing arts workshops
and performances for children and young persons
in youth centres and in the
Department’s performing arts venues;
- Major annual
children’s events: these include various seasonal carnivals,
competitions and exhibitions. They are expected to attract about 199,000
participants
over the year 2001, at a cost of over HK$ 12.9
million.
- The
Department’s Music Office runs training programmes in Western and Chinese
orchestral instruments for children and young
persons aged 6 to 23 years. In
the year 2000, it organized 340 “outreach music education
programmes” for some 210,000
participants. The Office also organizes the
annual Hong Kong Youth Music Camp at which some 400 resident students receive
intensive
orchestral and choral training conducted by overseas/Mainland China
and local guest musicians. The camp is not restricted to the
musical elite:
beginners and children who are just interested in music can participate as day
campers.
Heritage
- Hong
Kong’s 13 museums specialize in such areas as history, art, folk culture,
science and astronomy. Their service philosophy
places emphasis on education
and they have strong links with schools and students. Educational corners,
children’s discovery
galleries, hands-on exhibits for children to learn
and explore their cultural heritage, general science principles and artistic
creations
are provided in all major museums. Full-time students are admitted at
discounted rates and groups of 20 or more students are admitted
free. They
publish informative materials for young visitors and organize numerous
activities for them, such as workshops, seminars,
guided tours, field trips and
so forth.
Sport
- The
Leisure and Cultural Services Department seeks to provide opportunities for all
children - regardless of race, class, sex or ability
- to participate in sport.
To that end, it organizes training courses, competitions and games for children,
adults, persons with
a disability, and senior citizens. In 2000-2001, the
Department will organize some 22,000 such activities for about 1,250,000
participants.
Current initiatives in regard to the participation of children in
sport include:
- “EasySport”:
modified versions of various sports adapted to suit children of different size,
ability, and intellectual/emotional development.
The programme has been
introduced into primary schools and special schools;
- “SportCaptain”:
a programme of workshops and camps to train secondary school students to assist
their schools in coaching, refereeing and administration;
and
- The Community
Sports Club Project: an ongoing programme to foster the formation and
development of sports clubs where children can develop their sports skills
beyond
the basic levels.
- The
EasySport and SportCaptain projects will be extended in 2001 to encourage more
pupils to participate in sport.
Country parks
- The
Government manages country parks - which cover about 38 per cent of our total
land area - for the conservation of Hong Kong’s
natural heritage and
for public recreation and education. Country parks are equipped with picnic and
barbecue sites, camp sites,
children’s play equipment, and trails that
provide families and children with easy access to the hills and woodlands. Tree
walks, nature trails, visitor centres and other facilities help children to
explore the countryside and to learn about nature. Programmes
that are
specially designed for children include the “Eyes on Nature Scheme”,
the “Bring Kids to Nature Scheme”,
and the “Conservation
Camp”. The Government’s “country parks” web site
incorporates a children’s
corner.
Library services
- Hong
Kong’s 69 public libraries (8 of which are mobile) are spread throughout
the territory to ensure accessibility. They have
a total stock of 8.8 million
library items. Of their total stock of books, CD-ROMs, video and audio tapes,
educational kits and
so forth, about a quarter (2.2 million) are
children’s items. Usage by children is high, with some 10.2 million
borrowings
in the year 2000/01. The Hong Kong Central Library incorporates a
toy library. This is well stocked with educationally and intellectually
stimulating toys and multimedia kits.
- The
libraries organize a reading programme to encourage young readers to develop
regular reading habits and to widen their reading
experience. The programme
includes numerous reading-related activities such as dramatizations of books,
talks, quizzes, book
report competitions and meetings with local authors. Since the
programme first began in 1984, some 220,000 members have read over
4
million books. The libraries also organize other regular activities to
encourage children to read. These include weekly children’s
hours,
library visits, interest clubs and so forth. Some 4.4 million children
participated in these activities in 2000/01.
Summer Youth Programme
- This
is a community-building programme aimed at providing healthy recreation for
the 625 age group. It takes place during the summer
holidays and provides
opportunities for the all-round development of young people. In 2000, the
Programme included over 23,000 activities
and attracted over 2 million
participants.
Arts and physical education in the school
curriculum
- Physical
education is a core subject in the curriculum of all primary and secondary
schools. Every schoolchild has the right to receive
physical education and to
take part in extracurricular activities such as sports programmes and
competitions. The Government provides
substantial subsidies to schools and
other organizations to ensure the enjoyment of that right. Hong Kong’s
high-density urban
environment means that few, if any, schools have sports
grounds of their own. To ensure that the lack of such facilities does not
pre-empt the right of children to healthy exercise, schoolchildren and schools
enjoy a 50 per cent concessionary rate for the use
of government-run sports
facilities. Some of those facilities are available to schools free of charge
during school hours.
IX. SPECIAL PROTECTION MEASURES
A. Children in situations of emergency
1. Article 22 -
Refugee and illegal immigrant children
- In
paragraph 33 of its concluding observations, with regard to the situation of
Vietnamese children then in detention, the Committee
recommended that an
evaluation of present and previous policy on this matter be undertaken, to
ensure that any errors made were not
repeated in the future. The Committee
recommended that for the remaining children in detention a solution to their
situation must
be found in the light of the principles and provisions of the
Convention. It was the view of the Committee that measures must be
taken
immediately to ensure a marked improvement in their conditions of detention and
that other measures to protect these children
in the future must be put in
place.
- In
February 2000, the decision was taken to allow the remaining 973 refugees,
the 327 persons whom the Vietnamese authorities did
not recognize as
its nationals, and the latters’ 108 family members to apply for permanent
settlement in Hong Kong. On 1 June
that year, the Pillar Point Refugee Centre
in which they had been housed closed for good. The camps now lie in our
past.
- As
at the time of drafting this report, some 63 refugees/migrants had not accepted
the offer. Most are confirmed refugees nursing
hopes of overseas resettlement.
Other “non-settlers” comprised:
(a) Some 38 persons
whose return to Viet Nam had been cleared with the Vietnamese Government but who
had delayed their departure
because family members were receiving medical
treatment. They will return to Viet Nam once the patients recover from their
illness;
and
(b) Some 350 “ex-China Vietnamese”. These are refugees who came
to Hong Kong after being granted resettlement in Mainland
China. As such, they
were ineligible for resettlement in Hong Kong or elsewhere. The group has
initiated judicial review proceedings
against their removal to Mainland China.
Pending judgement, they have been released on recognizance.
- The
three groups of “non-settlers” may live, work, study and move freely
in Hong Kong. They have access to public educational
and medical services.
Caritas-Hong Kong, which formerly managed the Pillar Point camp, looks after the
welfare of those in need.
Their services include cash assistance, counselling,
interpretation services, and referral to medical institutions for treatment
and
post-treatment liaison with medical staff.
Welfare services for refugee and illegal immigrant
children
- As
explained in paragraph 451, the question of refugees and economic migrants from
Viet Nam has been resolved: their children receive
the same access to services
as local children. A very small number of Vietnamese children - just 54 between
1998 and 2000 - still
enter Hong Kong illegally, either seeking illegal
employment, or in order to claim refugee status and to join refugee
parents. Children
in the former category are repatriated at the earliest
opportunity; pending that, they are detained in a children’s reception
centre. Those claiming refugee status are referred to the Office of the
United Nations High Commissioner for Refugees (UNHCR) for
consideration of
their claim. Pending UNHCR’s decision, the children are accommodated in
places of refuge where they are treated
in the same way as local children living
there. In either situation, children whose parents are detained in Hong Kong
may be detained
with their parents if, in the particular circumstances, that is
in their best interests.
- Very
occasionally, UNHCR grants refugee status to asylum-seekers from other parts of
the world. The Commission looks after their
welfare pending their departure for
resettlement, which occurs usually within a few months of arrival.
Illegal immigrant children from Mainland China
- Illegal
immigrants and persons who enter Hong Kong as visitors and then overstay are
subject to removal. Children in this position
are usually released on
recognizanc[e] pending
arrangements for their return to the Mainland. Since arrangements are made to
return these children as soon as possible
to their place of residence, no
schooling will usually be arranged while they are in
Hong Kong.
- Nevertheless,
we recognize that, in individual cases, there may be exceptional circumstances
that justify special consideratio[n ]and we
have exercised flexibility. Arrangements have been made for the children
concerned to enter our schools on a strictly caseby-case
basis. This approach
enables us to take account of the educational needs of individual children while
maintaining effective immigration
control. It is, we believe, an essential
safeguard that is in the interests of the community. During the four school
years from
1997/98 to 2000/01, some 1,546 Mainland children on recognizance
applied for admission to Hong Kong schools. Some 1,020 (66 per
cent) of them
were admitted into local schools.
2. Article 38 - Children in armed conflicts and article 39 -
Physical and
psychological recovery and social reintegration of such
children
- Hong
Kong has not been involved in armed conflict for a long time. The question of
children being involved in such conflict does
not arise.
B. Children in conflict with the law
1. Article 40 - The
administration of juvenile justice
Prompt and direct information of charges
- When
the police have sufficient evidence to lay a charge against children, they will,
without delay, cause the children to be charged
or informed that they may be
prosecuted. As far as practicable, the police should only interview or charge
children under the age
of 16 in the presence of:
(a) A parent or
guardian; or
(b) Another appropriate adult who is of the same sex as the children and is
neither a police officer nor a civilian employed by the
police.
Under the Police Superintendents’ Discretion Scheme, a young offender
may be cautioned instead of being charged: see paragraphs
466-468 below.
No compulsion to give testimony or confess guilt
- An
overriding principle governing the taking of statements is that statements must
be given voluntarily. Statements are inadmissible
as evidence if they are
obtained by fear of prejudice, hope of advantage, or oppression. As far as
practicable, statements are taken
in accordance with the rules in paragraph 459.
This applies irrespective of whether the children in question are suspected of
crime.
Legal representation/legal aid
- Before
interviewing persons who have been arrested or are under police investigation,
the police serve notice on them, informing them
of their rights, which
include the right to contact a legal representative. If the arrested persons
are juveniles, notice will -
as far as practicable - be served in the
presence of their parents or guardians.
Interpreters
- The
police arrange for interpreters to record statements from persons, including
children, who do not share a common language with
the interviewer. The
interpreters record such statements in the language and dialect used by the
interviewees. Interpreters are
also present during court proceedings. There is
no charge for the service.
Minimum age of criminal responsibility
- The
minimum age of criminal responsibility is prescribed in the Juvenile Offenders
Ordinance (chap. 226). At present, no child under
the age of 7 can be guilty of
an offence. Between the age of 7 and 14, there is a legal presumption that a
child is incapable of
committing a
crime[.] The prosecution
can rebut the presumption by proving beyond reasonable doubt that, at the time
of the offence, the child was well
aware that the act was seriously wrong, and
was not merely being naughty or mischievous.
- In
paragraph 19 of its concluding observations, the Committee expressed the view
that “the low age of criminal responsibility
[was] not in conformity with
the principles and provisions of the Convention”. In paragraph 34, the
Committee recommended
“that a review of legislation in relation to the
issue of the age of criminal responsibility be undertaken with a view to raising
this age in the light of the principles and provisions of the Convention”.
There have also been calls for a review of the law
with a view to raising this
age in the light of the principles and provisions of this Convention.
- In
May 2000, following public consultations, the Law Reform Commission (LRC) -
which is independent of the Government - published
a Report on the Age of
Criminal Responsibility in Hong Kong. Inter alia, this recommended raising
the minimum age of criminal responsibility from 7 to 10 years and
continuing to apply the
rebuttable presumption of doli incapax
to children aged between 10 and 14 years. We have accepted these
recommendations and will introduce the necessary amending legislation
in the
2001/02 legislative session.
Alternatives to judicial proceedings: the Police
Superintendents’ Discretion Scheme
- Under
this scheme, police officers of superintendent rank or above may, at their
discretion, caution young offenders instead of initiating
criminal prosecution.
In general, child offenders are considered for cautioning if:
- They are under
18 years of age on the date that the caution is administered;
- The evidence is
sufficient to support a prosecution;
- They admit the
offence; and
- They and their
parents or guardians agree to the
cautioning.
- A
superintendent will normally consider the following factors before administering
a caution:
- The nature,
seriousness and prevalence of the offence;
- The
offender’s previous caution record. Only in extenuating circumstances
will a second caution be given;
- An offender with
a previous conviction should not normally be considered for a caution;
- The attitude of
the victim; and
- The attitude of
the child’s parent(s) or guardian(s).
- Post-caution
follow-up is conducted by the juvenile protection sections (JPS) of the police
region in which the offender lives. A
JPS officer in plain clothes conducts
regular visits to the residence of the juvenile, in accordance with the
directive of the superintendent
who administered the caution. Visits to and
supervision of female offenders are undertaken exclusively by female officers.
The
visits continue for a maximum of two years from the date of caution or until
the juvenile reaches 18 years of age, whichever is sooner.
Their purpose is to
ensure that the juvenile does not re-offend or associate with undesirable
characters. With the consent of its
parent(s) or guardian(s), the child may be
referred to the Social Welfare Department, the Education Department, or other
agencies
for aftercare services.
Alternatives to institutional care (art. 40.3)
- The
subject of alternatives to institutional care is an inextricable part of the
sentencing process. We therefore address the two
issues together in the
following section, paragraphs 470475.
2. Article 37 (b), (c) and (d) - Children deprived of their
liberty
Arrest, detention or imprisonment only in conformity with
the law and as a measure of last resort
Deprivation of liberty
- Section
15 of the Juvenile Offenders Ordinance (chap. 226) gives the court wide
discretion to deal with child or juvenile offenders.
Depending on the
circumstances of the particular case, it may discharge them either absolutely or
conditionally. Section 11 (2)
prohibits imprisonment of young persons if they
can suitably be dealt with in any other way. In order to deal with the case in
the
best interests of the child or young person, the court takes into
consideration the individual’s general conduct, home surroundings,
school
record, and medical history[. ] Having regard
to the circumstances - including the nature of the offence and the
offender’s character - the court may place
the offender under probation in
lieu of institutional care[. ] It may also
issue community service orders to offenders aged 14 or
above[.]
- Some
commentators consider that these provisions mean that children aged between 16
and 18 are regarded as adults for the purposes
of the law and that no account is
taken of their youth. Indeed, they assert that, after the age of 15, a
child’s youth “pales
into
insignificance”[.]
- A
fundamental principle in the sentencing of juveniles is that such considerations
as “just deserts” and retributive sanctions,
which might apply
in the sentencing of adults, are normally outweighed by the interests of
safeguarding the well-being and the future
of the young person. It is
true that the provisions in chapter 226 in regard to extreme youth apply
only to under-16-year-olds.
But other statutory provisions afford similar
consideration to 16 to 21year-olds. For example, section 109A of the
Criminal Procedure
Ordinance (chap. 221) - which mirrors
section 11 of chapter 226 - provides that:
“(1) No court
shall sentence a person of or over 16 and under 21 years of age to imprisonment
unless the court is of opinion
that no other method of dealing with such person
is appropriate; and for the purpose of determining whether any other method of
dealing
with any such person is appropriate the court shall obtain and consider
information about the circumstances, and shall take into
account any information
before the court which is relevant to the character of such person and his
physical and mental condition.
“(1A) This section shall not apply to a person who has been convicted
of any offence which is declared to be an excepted offence
by Schedule 3.”
The “excepted offences” in Schedule 3 include crimes of extreme
violence such as armed robbery, manslaughter, rape, drug
trafficking, and so
forth.
- Additionally,
the Reformatory School Ordinance (chap. 225) and the Training Centres Ordinance
(chap. 280) provide specifically for
rehabilitation programmes. Indeed, the
Training Centres Ordinance exists entirely “to provide for the
establishment of training
centres for the training and reformation of offenders
who have attained the age of 14 years and have not attained the age of 21
years”[.]
- Thus,
the position in Hong Kong is essentially that provided for in rule 17.1 (b) of
the United Nations Standard Minimum Rules for
the Administration of
Juvenile Justice (The Beijing Rules). That
is:
“Restrictions on the personal liberty of the juvenile
shall be imposed only after careful consideration and shall be limited
to the
possible minimum.”
Clearly, therefore, our interlocutors are mistaken in their assertion that,
at the age of 15, a child’s youth “pales into
insignificance”
in the sentencing process.
Children and juveniles awaiting trial
- Homes
operated by the Social Welfare Department serve as assessment centres for
children awaiting trial and assist in the formulation
of their future plans. So
as not to deprive the children of their education, the Department provides
essential academic and workshop
training during this transitional period. To
improve the education service, the Department has recently recruited graduate
teachers
and regularly conducts ongoing reviews on the training programmes in
the homes.
Appropriate length of deprivation of liberty
- Section
3E (a) of the Juvenile Offenders Ordinance requires that children or young
persons under remand be brought before the court
at least once every 21 days.
In considering the place of detention, the options available to the courts
include training centres,
detention centres, drug addiction treatment centres,
reformatory schools, or approved
facilitie[s ]designated under a probation
order made in accordance with section 3 (3) of the Probation of Offenders
Ordinance (chap. 298). Their
choice is assisted by pre-sentence assessments
prepared by the Correctional Services Department and Social Welfare Department
following
interviews and home visits. The court may also seek a
recommendation from the Young Offender Assessment Panel, which comprises
professional
staff from both the Correctional Services Department and the Social
Welfare Department. In all cases, the procedures take account
of the
offenders’ age and the desirability of promoting their rehabilitation, a
requirement of article 11 (3) of the BORO.
Treatment with humanity and respect for dignity
- Article
6 (1) of the BORO provides that persons deprived of their liberty should be
treated with humanity and with respect for the
inherent dignity of the human
person. Young offenders in the facilities run by the Social Welfare Department
are called by name
instead of designated number. Staff of the facilities are
specially trained to build up positive relationships with the residents
in order
better to understand their needs and to ensure the provision of appropriate
service and assistance.
Separation of young offenders from adults
- The
essential principles in regard to the detention of prisoners have legal force
through article 6 (3) of the Hong Kong Bill of Rights
Ordinance (chap.
383), which mirrors article 10 (3) of the ICCPR:
“The
penitentiary system shall comprise treatment of prisoners the essential aim of
which shall be their reformation and social
rehabilitation. Juvenile offenders
shall be segregated from adults and be accorded treatment appropriate to their
age and legal
status.”
The term “juvenile offender” is not defined. But the
Commissioner of Correctional Services, who is responsible for Hong
Kong’s
correctional institutions, makes special provision for offenders aged below 21
years. Prisoners aged 21 are detained
at “correctional
institutions” and are not transferred to adult prisons until after
they attain the age of 21.
- Male
offenders aged under 18 are separated from those aged 18 or above. But that is
not possible in the training centres for female
inmates because of overcrowding.
Young prisoners under 21 years of age are accommodated separately from adults.
But 14- to 17-year-olds
and 18 to 20-year-olds attend the “young
prisoners” programme together. The programme comprises half-day schooling
and
half-day vocational training (both of which are compulsory), plus
psychological counselling and in-centre care by welfare and aftercare
officers.
Separation is not possible due to the lack of suitable detention
facilities, though as far as practicable, the two groups
are accommodated
separately at night. The case is different in the drug addiction treatment
centres, where the treatment programmes
for offenders aged 21 and above are
different from those for under-21-year-olds. This is because the younger group
are more vulnerable.
- We
are now devising a long-term prison development plan to ease the overcrowding
problem and to meet the projected growth in the penal
population. If realized,
this will ensure sufficient accommodation to enable us to separate
under-18-year-olds from older offenders
throughout the system.
Right to receive family visits
- All
young offenders under the care of facilities operated by the Social Welfare
Department have the right to receive family visits.
Parents are encouraged to
visit their children during their period of confinement to foster family
relationships and to facilitate
reintegration into the community.
- Under
the Prison Rules (sub-legislation under chapter 234), offenders have the
statutory right to receive at least two visits from
relatives and friends every
month. Young inmates are generally encouraged to receive more frequent visits
to help them maintain
and improve their family relationships.
Legal and other forms of assistance
- Defendants
before the Juvenile Court are entitled to legal representation by a lawyer
provided by the Duty Lawyer Service. Legal
aid services are available to
children who are prosecuted in the higher courts. It is also available to young
inmates lodging appeals
or seeking review of their sentences.
- The
welfare of young offenders is the responsibility of the welfare, aftercare and
personal officers of the Correctional Services
Department, who help and guide
them with personal problems or difficulties arising from imprisonment or
detention. The guidance
programme includes regular interviews, organized
activities, information on legal assistance and other community resources (such
as social welfare and medical services, and the labour market) and training on
job interview techniques and human interaction skills.
Inmates receive regular
counselling from clinical psychologists. The prison chaplain ensures that
inmates who so wish are able
to attend religious services and/or receive
spiritual guidance.
Right to challenge the legality of detention
- Article
11 (4) of the BORO provides that “everyone convicted of a crime shall have
the right to his conviction and sentence
being reviewed by a higher tribunal
according to law”. The Magistrates Ordinance (chap. 227) provides for a
right to appeal
(sect. 113) within 14 days of the magistrate’s decision
(sect. 114).
Right of young offenders to express their views
- Young
offenders detained in penal institutions may express their views on any matter
related to their treatment of detention to any
officers or senior officers of
the Department. They can also make use of the following channels:
- The Complaints
Investigation Unit of the Correctional Services Department;
- Visiting
Justices of Peace;
- The Independent
Commission Against Corruption;
- The Office of
the Ombudsman;
- Executive,
legislative and district councillors;
- The Secretary
for Security; and
- The Chief
Executive.
All inmates are informed of these avenues
through information booklets, notices posted in appropriate places, induction
talks, and
interviews with officers of the Correctional Services.
3. Article 37 (a) - The sentencing of juveniles; the
prohibition
of capital punishment and life imprisonment
Life imprisonment and corporal punishment
- Before
1 July 1997, persons who were aged under 18 when they committed murder were
sentenced to detention for an indeterminate term
until “Her
Majesty’s pleasure” was known. On 1 July 1997, the legal term
for this form of detention became “detention
at Executive
discretion” under the Long-term Prison Sentences Review Ordinance (chap.
524). At that time, there were 15 young
murderers detained at Executive
discretion. The Chief Executive has since determined their minimum terms, which
range from 15 years
to 30 years. The progress of their rehabilitation is
reviewed every two years by the Long-term Prison Sentences Review Board, which
is an independent statutory body. On the recommendation of the Board, the
Chief Executive may order a determinate sentence.
- In
future cases, the courts may impose discretionary life sentences on young
offenders who have committed murder or other offences
that attract the maximum
sentence of life imprisonment. In passing such a sentence, the court must
specify a minimum term. Their
rehabilitation is subject to the review
procedures described in the preceding paragraph.
Facilities for young offenders
- These
comprise:
(a) Facilities run by the Social Welfare
Department: the Department runs four types of facilities for young
offenders whose offences are of a relatively minor nature. These comprise
two
“places of detention”, two probation homes, a probation hostel, and
a reformatory school: see annex VIIIA. These
facilities take a “social
work” approach to the management of their charges, with the aim of helping
them to change their
behaviour and attitudes and to equip them with the
necessary skills to cope with the problems of daily life and to reintegrate into
the community. To that end their programmes include formal academic and
pre-vocational/trade training, social and developmental
groups, interest
classes, recreational activities, and community service. Counselling and
therapeutic treatment are available to
individual residents when necessary.
Their performance and welfare plans are regularly reviewed in case conferences
attended by
such persons as probation officers and parents. Residents have the
right to complain, to access information, and send letters (without
limit).
They are informed of these rights upon admission when they receive
information on institutional routine, rules and regulations,
rights,
privileges and welfare assistance. Residents of these homes, except
probation hostel, which is an open institution, have
a medical examination
upon admission and prior to discharge;
(b) Institutions operated by the Correctional Services Department:
these cater to repeat and more serious offenders, and to young people who have
become addicted to drugs. Details are at annex
VIIIB. The philosophy
underlying the overall institutional programme is that of
“throughcare”. This entails constant
care for all young offenders
from the time of their admission and beyond their discharge. Education
programmes for young offenders
provide a balance of general education and
vocational training. Inmates are encouraged to participate in programmes that
lead to
external accreditation and qualifications that are recognized by
employers. Throughout his or her detention, each young inmate is
assigned to
the care of an aftercare officer who provides appropriate, continuous support
and guidance. The officers help their
charges to adapt to the institutional
programme and to prepare for the challenges of discharge and reintegration into
society. As
with the inmates of Social Welfare Department facilities, those in
Correctional Service institutions may receive and send unlimited
mail[.]
Promotion of forms of punishment other than
imprisonment
- Section
11 (1) of the Juvenile Offenders Ordinance (chap. 226) provides that no child
under the age of 14 may be sentenced to imprisonment
or committed to prison in
default of payment of a fine, damages, or costs. But children or young persons
aged between 14 and 16
who are found guilty of offences for which adults might
be imprisoned may be detained in a reformatory school for not more than six
months (section 14 of the Juvenile Offenders Ordinance). Under-16-year-olds may
be detained in a reformatory school for a period
of not less than one year and
not more than three years[. ] Persons aged 14
or over may be required to perform unpaid work for up to 240
hours[.]
4. Article 39 - Physical and psychological recovery and social
reintegration
Rehabilitation of juvenile offenders
- Rehabilitation
is a key priority in the treatment of young offenders and we have
wellestablished programmes designed for that purpose.
Research completed in
199[6] confirmed the
effectiveness of existing rehabilitation programmes but recommended
improvements, some of which are now in effect and
we are taking action on
others. Annex VIIIC describes the major recommendations and the state of
progress as at the date of drafting
this report. The main elements of the
overall programme are as follows:
(a) The Rehabilitation of
Offenders Ordinance (chap. 297): section
[2 ]protects rehabilitated offenders from
unauthorized disclosure of their previous convictions. This is subject to:
(i) Their having been convicted of an offence but not sentenced to imprisonment
for more than three months or fined more than $10,000;
(ii) Their not having been previously convicted in Hong Kong of an offence; and
(iii) A period of three years having elapsed without their being again convicted
in Hong Kong of an offence.
As detention in a reformatory
school, in a detention centre, in a place of detention or in a
training centre does not constitute imprisonment,
the protection applies to
young offenders in these institutions.
(b) Juvenile Offenders Ordinance (chap. 226): the sentencing options
under the Ordinance seek to foster the rehabilitation of young offenders. For
example, among other options,
a court may discharge an offender on recognizance;
issue a probation order; issue an absolute or conditional discharge; or place
the offender under a care or protection order. And, of course, the
programmes of the facilities described in paragraph 489 are also
designed to
foster the rehabilitation of offenders;
(c) The Community Support Service Scheme: offers training and
social rehabilitation programmes to young offenders and delinquents who are
under probation or reformatory school
orders, or have been cautioned under the
Police Superintendents’ Discretion Scheme, or have been referred by social
workers
or family case workers. The Scheme aims to prevent recidivism and to
help its clientele to reintegrate into the community. It comprises
intensive
social work and counselling groups, job training, placement services, skills
learning, outdoor adventure activities and
programmes for parents; and
(d) Probation orders: an offender aged 7 or above may be placed
under the supervision of a probation officer for a period of one to three years.
Probation
officers provide supervision and personal guidance to probationers
through regular home visits and interviews during the probation
period. They
also help to meet the needs of probationers and their families to secure
financial assistance, employment, schooling,
and so forth. Some young offenders
may be required to reside in a probation home or a probation hostel during part
of their probation
period: their rehabilitative functions are described
in paragraph 489 (a);
(e) Reformatory school orders: reformatory school caters for
male offenders under 16 who are convicted before any court of an offence
which, had it been committed
by an adult, would be punishable by a fine or by
imprisonment, and necessitating his separation from his peers. The maximum
period
of in-school training is three years, but normally these offenders are
given 12 months’ in-school training followed by 18 months’
aftercare
supervision. The school offers academic, pre-vocational and community service.
Social work programmes, including developmental
and therapeutic groups,
individual counselling services and recreational activities, are also
provided;
(f) Community service order: community service orders can be made
against offenders aged 14 years old and above who are convicted of offences
punishable by
imprisonment. The offenders perform unpaid work for a number of
hours not exceeding 240 hours within a period of 12 months. Work
will be
arranged for them at a hospital or charitable, educational, cultural or
recreational institution or organization for the
old, infirm or handicapped.
These work placements benefit the community, and educate the offenders with
civic responsibilities.
New measures
- In
October 2000, as part of that process, we introduced the Rehabilitation Centres
Bill into the Legislative Council. The Bill proposes
a correctional and
rehabilitative programme lasting between six and nine months, with emphasis on
community-based measures for the
rehabilitation of young offenders whose crimes
call for short-term residential treatment. The programme will be less
physically
demanding than that of the detention centres (which only cater for
male offenders), and will provide an intermediate sentencing option
between the
longerterm Training Centre Programme of the Correctional Services Department and
the noncustodial measures administered
by the Social Welfare
Department.
C. Children in situations of exploitation, including physical
and psychological recovery and social reintegration
1. Article 32 -
Economic exploitation, including child labour
Minimum ages for different types of employment
Apprenticeship Ordinance (chap. 47)
- The
Ordinance governs the training and employment of apprentices in designated
trade[s ]with a view to ensuring that they
receive systematic training and protection in matters concerning their
employment. Persons aged
between 14 and 18 who are employed in such trades
and have not completed apprenticeships must enter into contracts with their
employers.
Contracts in the designated trades must be registered with the
Director of Apprenticeship. Contracts in other trades may be registered
voluntarily. Over 2,500 contracts were registered in 2000 and nearly 5,900
apprentices were under training.
Employment in the non-industrial sector
- The
Employment of Children
Regulation[s] prohibits the
employment of children aged under 15 in industrial undertakings. Children aged
13 and 14 years may work in non-industrial
establishments, subject to stringent
restrictions imposed by the Regulations in order to ensure their full-time
schooling and protect
their safety, health, and welfare.
Employment in the industrial sector
- The
Employment of Young Persons (Industry)
Regulation[s] prohibit the
employment of under-18-year-olds in underground work and other works
involving tunnelling. They also prohibit the employment
of under-16-year-olds
in dangerous trades. We are considering amending these Regulations to prohibit
the employment of persons under
the age of 18 years in dangerous trades.
Other sub-legislation under chapter 59 - the Factories and Industrial
Undertakings (Woodworking
Machinery)
Regulation[s] - prohibits
children aged under 16 from working on woodworking machinery, except with the
written permission of the Commissioner
for Labour. And the Occupational Safety
and Health Ordinance (chap. 509) contains provisions prohibiting
under-18-year-olds from
undertaking hazardous work processes.
Working hours and condition of employment
Regulation of working hours
- Working
hours and conditions of employment for persons aged 15 to 17 years and employed
in industrial undertakings are strictly controlled
by the Employment of Young
Persons (Industry) Regulations. The Regulations prescribe the following
restrictions:
(a) Working hours are limited to 8 hours per day and
48 hours per week, between 7 a.m. and 7 p.m.;
(b) At least half an hour is provided for a meal or rest after five hours of
continuous work;
(c) Young persons aged under 16 may not carry any load exceeding 18
kilograms in weight; and
(d) Working on rest days is prohibited.
Entitlement to employment rights and benefits
- The
Employment Ordinance (chap. 57) is the principal law governing conditions of
employment in Hong Kong and applies to all employees
irrespective of their age.
It prescribes various employment rights and benefits such as wage protection,
rest days, holidays with
pay, paid annual leave, sickness allowance, maternity
protection, severance payment, long service payment, and employment
protection.
- The
Employees’ Compensation Ordinance (chap. 282) provides for the payment of
compensation to employees and family members of
deceased employees for injuries
and fatalities caused by accidents arising out of and in the course of
employment or by prescribed
occupational diseases. Employers who fail to pay
timely compensation are subject to penalties.
Occupational safety and health
- Several
statutes protect safety and health at work. These are the Occupational Safety
and Health Ordinance (chap. 509), the Factories
and Industrial Undertakings
Ordinance (chap. 59), and the Boilers and Pressure Vessels Ordinance (chap. 56).
These laws apply to
employees irrespective of their age. The Government helps
employers and employees control their risks at work by enforcing the laws
and
promoting safety management through advice, training, publicity and promotional
activities.
Enforcement of legislation to protect child workers
- The
Labour Department’s inspectors rigorously enforce the Employment of Young
Persons (Industry) Regulations and the Employment
of Children Regulations
through routine and surprise inspections of workplaces. In 2000, they conducted
162,640 inspections, detecting
just four cases of the illegal employment of
children. The Department also regularly inspects workplaces to enforce the
safety laws
referred to in the preceding paragraph.
- The
Occupational Safety Service conducts special enforcement campaigns at
construction sites and other hazardous workplaces to ensure
that they comply
with the law. It also organizes seminars, conferences and training courses and
issues publications that include
codes of practice and guides to promote
understanding of the law. The Service also advises the Government and the
public on matters
concerning workers’ health and workplace hygiene.
Initial medical screening is available without charge to workers of all
ages at
the Occupational Safety and Health Centre.
- Some
commentators have called for “minimum and reasonable wage protection for
young persons”. We are opposed to the introduction
of minimum wages in
Hong Kong - regardless of considerations of age - because we consider them
economically unsound. Our reasons
are explained in paragraph 87 (e) of our
initial report on the ICESCR, in relation to article 7 of that Covenant. And,
for the reasons
in paragraph 536 below - in relation to the special section X on
reservations and declarations - we consider the existing protections
to
be adequate. An additional consideration in regard to young persons is
that the unemployment rate for 15- to 19-year-olds is
much higher than that for
other age groups (20.5 per cent at end2000 against the overall average of 5 per
cent). Were we to restrict
the working hours of those in nonindustrial
establishments and/or legislate for minimum wages, those rates would
be higher still.
2. Article 33 - Drug abuse
Illicit use of narcotic and psychotropic
substances
Drug abuse among children
- Statistics
maintained by the Central Registry of Drug Abuse (CRDA), show that,
in 2000, 6.4 per cent of young drug abusers (persons
aged under 18)
had taken heroin, 75.7 per cent had taken amphetamines (such as
Ecstasy and Ice), 22.3 per cent had taken cannabis.
And the proportion of young
abusers of psychotropic substance had increased from 81 per cent in
1999 to 95 per cent.
- Some
63.2 per cent of the 2,046 young abusers aged under 18 reported in 2000 were
male. Their average age was 15.8. Some 71.8 per
cent of them had taken MDMA
(Ecstasy), 6.4 per cent had taken heroin, and 22.3 per cent had taken
cannabis. About 26.0 per cent
had previous convictions; 23.8 per cent were
employed, and 36.0 per cent were studying. The pattern among newly reported
young abusers
remained much in line with the general trend. In 2000, some
63.3 per cent of these cases were male. The average age of these abusers
was 15.7. MDMA was the most popular drug (71.6 per cent of all cases),
followed by ketamine (48.3 per cent) and cannabis (19.8 per
cent).
Some 26.4 per cent had previous convictions and 22.5 per cent were
employed. Over 98 per cent had received at least secondary
education.
- The
percentage of drug abusers aged under 18 remains fairly low. But - after five
years of steadily declinin[g ]- there was a
sudden upsurge in 2000 - 2,046 (or 11 per cent) of all individuals reported
to the CRDA were aged under 18 years, up
112 per cent from
the 965 recorded in the same period of 1999. Of these, 1,574 were
known to the CRDA for
the first time, and 72 per cent took MDMA (Ecstasy), 48 per cent
ketamine and 20 per cent cannabis, a marked change from the pattern
among
new cases in 1995 (when 67 per cent took heroin, 19 per cent cannabis and
14 per cent cough medicine: see paragraph 431 of
the previous report).
Similarly, among the young abusers aged under 18 reported in 2000, 72 per cent
took MDMA (Ecstasy), 45 per
cent ketamine and 22 per cent cannabis, a marked
change from the pattern among cases in 1995 (when 66 per cent took heroin, 22
per
cent cannabis and 14 per cent cough medicine). The new drug abuse pattern
is of major concern.
- A
detailed analysis of drug abuse by under-18-year-olds (by type of drug abused)
is at annex VIIID.
- In
early 2000, to address the rising trend of psychotropic substance abuse, we
established a Task Force on Psychotropic Substance
Abuse. The key task for the
new body is to recommend comprehensive strategies to tackle psychotropic
substance abuse among young
persons. The Task Force is expected to complete its
work in 2001. But it has already commenced several indepth studies into the
problem and taken proactive measures, including a Code of Practice for Dance
Party Organizers. The Task Force has also recommended
tighter controls over
ketamine, which is an increasingly popular “date-rape”
drug[.
]
Reasons for initial drug abuse
- As
explained in paragraph 432 of the previous report, the reasons for drug abuse
are varied and complex. But studies have shown that
curiosity, identification
with peers, and relief of boredom are the three main reasons for initial drug
use. Curiosity is the leading
factor among schoolchildren. But there has been
an increase in the number of abusers in Chinese-speaking schools who have turned
to drugs to relieve boredom: from 20 per cent in 1992 to 28 per cent
in 1996. The percentage of those who started drugs under peer
influence
also rose: from 19 per cent in 1992 to 21 per cent in 1996. Only a
minority claim to have started drugs for mystical
experience or
self-medication.
Patterns of abuse
- A
1996 Survey on Drug Use among Students of Secondary Schools and Technical
Institutes revealed a significant increase in the proportion
of students abusing
heroin. The proportion of female students abusing psychotropic substances had
also increased. Most used their
pocket money to finance their habit, and they
usually took drugs with their friends in their friends’ homes. The survey
also
revealed that students who shared their feelings with their parents were
less likely to take drugs. Clearly, therefore, parents
had an important role to
play in helping children to resist the related temptations and
pressures.
- In
2000, we conducted a survey of over 100,000 students in secondary schools and
technical institutes, in order to update ourselves
on developments since 1996.
We are analysing the findings and expect that they will improve our
understanding of the factors leading
to drug use. That will, we believe,
enable us to devise effective early intervention
strategies.
Action to tackle drug abuse among children
- Because
students comprise a major proportion of young drug abusers in Hong Kong,
the young population - particularly students - has
been the major focus of
the Government’s preventive education campaigns. The Security
Bureau’s Narcotics Division coordinates
antinarcotics policies in close
cooperation with such agencies as the police, other government departments
(Customs, Social Welfare,
and so forth), and NGOs. The overall strategy for
reducing the supply of illicit drugs and the demand for them comprises five
elements:
legislation and law enforcement, research, preventive education and
publicity, treatment and rehabilitation, and international
cooperation.
Legislation
- The
Dangerous Drugs Ordinance (chap. 134) is the principal statutory instrument for
the control of dangerous drugs, which include
commonly abused psychotropic
substances. It is jointly enforced by the police, the Customs and Excise
Department, and the Department
of Health. The police and Customs are mainly
concerned with enforcement against trafficking, manufacture, and other
non-medical
use of dangerous drugs. The Department of Health is responsible for
the import/export, manufacture, sale and supply of dangerous
drugs for medical
purposes. Penalties for offences under this Ordinance are severe. For example,
the maximum penalty for trafficking
in or illegally manufacturing dangerous
drugs is a fine of HK$ 5 million (about US$ 640,000) and life imprisonment. In
1997, the
Ordinance was amended to:
(a) Provide for heavier
sentences for adult offenders who use or involve minors in the commission of
drug offences; and
(b) Give the courts power to pass more severe sentences for the offences of
conspiracy to commit, inciting another to commit, attempting
to commit, and
aiding, abetting, counselling or procuring of a specified drug offence.
- Other
laws include:
(a) The Pharmacy and Poisons Ordinance (chap.
138): imposes controls on the supply of pharmaceutical products;
(b) The Control of Chemicals Ordinance (chap. 145): controls the
import and export of precursor chemicals for the manufacturing of drugs; and
(c) The Drug Trafficking (Recovery of Proceeds) Ordinance (chap.
405): provides for the tracing, restraint and confiscation of proceeds from
drug trafficking.
The legislation is kept under regular review to ensure that it is effective
and in step with international practices.
- The
laws are regularly amended in response to local drug abuse trends and
international requirements. For example, in 1998, we included
norephedrine -
the precursor for the manufacture of amphetamine - to the proscriptions in
Schedule 2 to the Control of Chemicals
Ordinance (chap. 145)[.]
This was in order to comply with the United Nations Convention against Illicit
Traffic in Narcotic Drugs and Psychotropic Substances.
And, in 2000, we added
ketamine, a drug commonly abused by young people, to the First Schedule of the
Dangerous Drugs Ordinance.
Law enforcement
- Involvement
in criminal proceedings is distressing for young people and the stigma of a
conviction can cause irreparable harm to their
future prospects. Therefore,
when a person aged under 18 is arrested for a drug offence, careful
consideration is given to the possibility
of dealing with the offender by way of
a caution under the Superintendents’ Discretion Scheme. The basic
criteria of the Scheme
are at paragraphs 466 and 467 above.
Preventive action: general
- Various
subsidized youth services help to dissuade young people from involvement
in drugs, through preventive, educational and developmental
programmes,
counselling, therapeutic groups and training projects. One such service is the
“integrated teams”, which
provides, among others, outreach and
counselling services for young people at risk. Currently, there are 64 such
teams, among which
18 integrated teams provide extended service for young night
drifters - a group that is particularly vulnerable in regard to drugs
-
throughout Hong Kong, and 3 integrated teams provide Community Support Service
Scheme service (a total of 5) for juveniles cautioned
under the Police
Superintendents’ Discretion Scheme. In addition, we will launch the
Understanding the Adolescent Project
(UAP) at secondary schools for early
identification of potential at-risk youth and conducting primary preventive
programmes for early
identification. We will also provide additional resources
to the local committees on services for young people for projects and
programmes
to tackle the needs and problems of young people at the district
level.
Preventive education: the schools
- In
the primary schools, drug education is part of General Studies. Secondary
schools take a cross-curricular approach whereby drug
education is integrated
into various subjects within the formal school curricula. Outside the formal
curriculum, NGOs and the Security
Bureau’s Narcotics Division give talks
to students from the primary five to secondary levels (the 10 to 18 age
group). The
emphasis is on dispelling common misconceptions about drugs,
teaching refusal skills, and providing information on the harmful effects
of
drug abuse, particularly psychotropic substances.
Preventive education: training the trainers
- The
Narcotics Division regularly organizes seminars and workshops for teachers,
social workers and youth groups, in collaboration
with government departments
and NGOs. In 2000, it jointly organized the first Drug Education Course
for Scout Leaders in partnership
with the Boy Scout Association. Forty scout
leaders participated in the course, which included anti-drug talks, visits to
drug treatment
and rehabilitation agencies, and anti-drug projects. On
completion
of the course, the leaders were expected to teach fellow scouts about the
harmful effects of drugs. Also in 2000, the Narcotics Division
expanded its
anti-drug volunteer scheme for the propagation of anti-drug messages. Besides,
the Lady Trench Training Centre of the
Social Welfare Department organized six
training courses for frontline social workers in 2000.
Public education
- Our
policy in this regard is to mobilize the whole community in the fight against
drugs. Publicity programmes designed to that end
target young people and
children. Projects in 2000 included essay and drawing competitions, a
television series, and an inter-school
quiz for primary schools that was also
broadcast on television. The Narcotics Division updated its homepage and
introduced new interactive
games to attract young people. And, in June 2000,
the Division opened phase I of Hong Kong’s first Drug InfoCentre,
which
centralizes local and overseas information on drugs and provides a venue
for anti-drug community involvement activities. Phase II,
an exhibition hall,
is currently under construction.
- The
Government receives advice on anti-narcotics policies from the Action Committee
Against Narcotics, which is a non-statutory advisory
board. A key task of the
Committee is to provide preventive education and publicity programmes against
drug abuse in the community.
Such programmes mainly comprise anti-drug
seminars, territory-wide publicity activities, and media programmes. The
Committee also
provides funding to encourage community involvement in anti-drugs
education and publicity.
Treatment and rehabilitation
- Programmes
in this regard include compulsory treatment programmes operated by the
Correctional Services Department, a voluntary methadone
out-patient treatment
programme offered by the Department of Health, substance abuse clinics, operated
by the Hospital Authority,
and counselling services and other voluntary
treatment programmes, offered by NGOs. All services are provided to young
persons.
- Within
the community, the Social Welfare Department’s Against Substance Abuse
Scheme team, which comprises specially trained
social workers, has provided
community-based substance abuse preventive programmes for students of more than
200 secondary schools.
It also aims at helping the experimental or occasional
drug abusers under 21 who exhibit no physical dependence on drugs, no chronic
psychological or mental problem, to stay away from harmful substances and
develop a healthy life. The Social Welfare Department
also subvents three
counselling centres for psychotropic substance abusers. It will offer both
short-term residential treatment
and non-methadone outpatient programmes for
young male addicts.
The way forward
- In
October 2000, we published the second Three-year Plan on Drug Treatment and
Rehabilitation Services. This set the forward direction
for our drug treatment
and rehabilitation services and recommended ways to improve them. One such
recommendation was that young
drug-dependent persons should receive tailor-made
programmes.
3. Article 34 - Sexual exploitation and sexual abuse
Child involvement in unlawful sexual activities and
pornographic performances
- Prostitution
as such is not a crime in Hong Kong. Provisions of the Crimes Ordinance (chap.
200) protect children from procurement
or coercion into prostitution: see
paragraph 76, in relation to article 1, and paragraph 276, in relation to
article 19. The police
frequently conduct raids on - and inspections of -
vice-related entertainment establishments and figures for related arrests remain
low: there were five cases in 1996, one in 1997, none in 1998, and one each
in 1999, and 2000. For these reasons, we are confident
that under age
prostitution - that is, where children are either working as prostitutes or are
otherwise exploited for sexual purposes
- is not serious in Hong Kong.
- There
are also rare cases where children exploit others for sexual purposes: two
persons aged between 7 and 15 were convicted of
offences relating to
prostitution in 1997; one in 1998; none in either 1999 or 2000. All three were
aged 15. The corresponding
numbers for 16- to 18year-olds were: 11 in 1997, 29
in 1998, 16 in 1999, none in 2000. In Hong Kong, prostitution as such is not
a
crime. The offences for which the persons in question were convicted included
such things as exercising control over women, causing
prostitution (procuring),
and living on the earnings of women, all of which are offences under the Crimes
Ordinance.
Statistics on sexual offences against minors
- The
trends for the past four years are as
follows:
Sexual offences against minors
|
1997
|
1998
|
1999
|
2000
|
Rape
|
31
|
27
|
28
|
38
|
Indecent assault
|
355
|
425
|
353
|
355
|
Incest
|
5
|
2
|
1
|
6
|
Unlawful sexual intercourse
|
353
|
282
|
302
|
224
|
Others
|
30
|
21
|
12
|
41
|
Total
|
774
|
757
|
696
|
664
|
Publicity programmes to prevent sexual exploitation and
sex-related crimes
- This
is discussed in paragraph 274 above, in relation to article 19.
Treatment, handling and protection for sexually-abused or
exploited children
- These
are prescribed in multidisciplinary guidelines formulated by the Committee
of Child Abuse in 1998. These are discussed in paragraphs
279 and 280, in
relation to
article 19.
Penalties for child abusers
- The
maximum penalties for selected sexual offences are listed at annex
VIIIE.
Prevention of Child Pornography Bill and Crimes (Amendment)
Bill
- The
Prevention of Child Pornography Bill aims to create offences for the possession,
production, distribution and advertising of child
pornography. The Crimes
(Amendment) Bill aims to tackle the issue of child sex tourism. It is proposed
to create an offence for
arranging or advertising child sex tours. It also
gives extraterritorial effect to 24 provisions of the Crimes Ordinance which are
related to child sexual abuse.
- The
two bills were introduced into the Legislative Council in June 1999 but lapsed
before the Council could allocate priority for
their scrutiny. The Government
plans to reintroduce them into the Legislative Council in 2001.
4. Article 35 - Sale, trafficking and abduction
Legislation
- The
legal protections comprise:
(a) Section 126 of the Crimes
Ordinance (chap. 200): provides that it is an offence to take an unmarried
girl under the age of 16 out of the possession of her parent or guardian,
without
lawful authority or excuse;
(b) Sections 42 to 44 of the Offences Against the Person Ordinance (chap.
212): together these provisions prohibit:
(i) Taking away or detaining persons against their will with intent to sell them
(sect. 42);
(ii) Leading or taking away any child under the age of 14 with intent to deprive
their parents, guardians or other persons having
the lawful care of them of
the possession of that child (sect. 43); and
(iii) Transferring a person to another for a valuable consideration (sect. 44);
and
(c) Section 26 of the Protection of Child and Juveniles
Ordinance (chap. 213): makes it an offence to take or cause to be taken any
child or juvenile out of possession and against the will of their parents
or
other persons having a lawful care or charge of them.
Some of these provisions are complex and this summary presentation inevitably
omits much of the detail. The provisions are reproduced
in full at annex VIIIE.
- As
explained in paragraph 266 above, in relation to article 11, the Hague
Convention on the Civil Aspects of International Child Abduction
now applies to
Hong Kong.
D. Article 30 - Children belonging to minority or indigenous
groups
Right to profess and practice own religion: religious
freedom, provision of religious facilities
- As
explained in paragraph 455 of the previous report, article 23 of the Bill of
Rights guarantees to all persons belonging to ethnic,
religious or linguistic
minorities the right, in community with other members of their group, to enjoy
their own culture, to practise
and profess their own religion and to use their
own language. See also paragraphs 167 and 168 above, in relation to article 14
of
the Convention.
IX. RESERVATIONS AND DECLARATIONS
- In
paragraph 10 of its concluding observations, the Committee said that it was a
matter of regret to the Committee that the State
part[y] had not yet decided
to withdraw its reservations, particularly as they related to the issues of
working hours for children, of juvenile
justice and of refugees.
- In
paragraphs 6 to 9 of the updating report, we explained that the reservations
took account of the circumstances of Hong Kong in
1994, when the Convention was
extended to the territory. They were reviewed regularly. But there had been no
substantial change
in the relevant circumstances and we considered it premature
to withdraw them. Specifically, we explained that:
(a) Working
hours of children (art. 32 (2) (b)): there were regulations
governing the hours and conditions of employment of young persons aged 15
to 17 in industrial undertakings.
We were studying the extension of some of
those regulations to the non-industrial sector and would be able to bring any
new regulations
into effect in 1998. We would be in a better position to
consider whether the reservation should be withdrawn after any new regulations
had been brought into force;
(b) Children seeking asylum in Hong Kong (art. 22): at the time of
the updating report (mid-1997), there were still Vietnamese seeking asylum in
Hong Kong. The reservation was needed
to cover the relevant legislation and the
extent of the services available in detention centres; and
(c) Juveniles in penal institutions (art. 37 (c)): young prisoners
were separated from prisoners aged 21 and above. Offenders aged 18 to 20 were
held together with those aged 14
to 17. The lack of suitable detention
facilities and general overcrowding precluded a change in this practice. We
were considering
a plan to build a new prison to alleviate the overcrowding
problem.
- The
current position is as follows:
(a) Working hours of
children: in 1998, we completed the study referred to in paragraph 536 (a),
concluding that the Occupational Safety and Health Ordinance
(chap. 509)
of 1997 afforded adequate protection to young workers in both the
industrial and non-industrial sectors. There was therefore
no need for
additional legislation in regard to the working hours of young people in
the non-industrial sector. For that reason,
our reservation against
article 32 (2) (b) remains necessary;
(b) Children seeking asylum in Hong Kong: now that the Vietnamese
refugee crisis is over - see paragraph 451 above, in relation to article 22 -
the reservation against that
is no longer necessary. We therefore propose
taking steps to formally withdraw it; and
(c) Juveniles in penal institutions: since 1997, overcrowding has
persisted and it is still only practical to separate the 14- to 17-years-olds
from the 18- to 20-years-olds
as far as possible at
night[.] In the daytime,
they attend the same rehabilitation programmes. To address these and the wider
problems of overcrowding - and the
growth of the penal population - we are
formulating a long-term prison development plan with a view to providing
adequate penal facilities.
When those facilities are in place, we will ensure
that the younger and older groups are separated at all times. Until then, we
must retain the reservation against article 37 (c).
Notes
[*] For the first part of the second periodic
report submitted by the Government of China, see document CRC/C/83/Add.9.
For the initial
report on the implementation of the Convention in
Hong Kong, submitted by the Government of the United Kingdom of Great
Britain and
Northern Ireland, see CRC/C/11/Add.9; for its consideration by
the Committee, on 2 and 3 October 1996, see CRC/C/SR.329-331 and
CRC/C/15/Add.63.
The annexes may be consulted in the files of the
secretariat.
GE.04-43774 (E) 191104
[†] An example is the
Crimes (Torture) Ordinance (chapter 427 of the Laws of the HKSAR) which was
enacted to give effect in Hong Kong
to the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment.
[‡] The three
sections were:
(a) Section 2 (3): “In interpreting and applying this Ordinance,
regard shall be had to the fact that the purpose of this
Ordinance is to provide
for the incorporation into the law of Hong Kong of provisions of the
International Covenant on Civil and
Political Rights as applied to Hong Kong,
and for ancillary and connected matters.”
(b) Section 3: “Effect on pre-existing legislation:
(1) All pre-existing legislation that admits of a construction consistent
with this Ordinance shall be given such a construction.
(2) All pre-existing legislation that does not admit of a construction
consistent with this Ordinance is, to the extent of the inconsistency,
repealed.”
(c) Section 4: “Interpretation of subsequent legislation - All
legislation enacted on or after the commencement date shall,
to the extent
that it admits of such a construction, be construed so as to be consistent with
the International Covenant on Civil
and Political Rights as applied to Hong
Kong.”
[§] Here, and
throughout this document, “the previous report” refers to the report
on Hong Kong submitted under the Convention
by the United Kingdom Government in
February 1996 (CRC/C/11/Add.9), and examined by the Committee in October 1996.
References to
“the Committees concluding observations” mean the
concluding observations on that report (CRC/C/15/Add.63).
[**] Here, and throughout
this document, “the updating report” refers to the report submitted
under the Convention by the
United Kingdom Government in June 1997
(CRC/C/11/Add.15).
[††] Such as a
Child Commission as proposed by some of our respondents.
[‡‡] Including
the Child Ambassadors.
[§§] Section 2
(1) of the Age of Majority (Related Provisions) Ordinance Chapter (410).
[***] Young persons who
have been cautioned under the Scheme are considered to be recidivists if
arrested for criminal offences before
attaining the age of 18 years and within
two years of the date of caution.
[†††]
Section 59ZD in Part IVC of the Mental Health (Amendment) Ordinance (chap.
136).
[‡‡‡]
In 1997, a subcommittee of the Board of Education - established to review the
nineyear system of compulsory education - proposed
changing the term
“compulsory education” to “universal education”. The
concern was to avoid the negative
sense of forcing the young to attend school
and to signify the mission of providing education for all. However, we have
retained
the term “free and compulsory education” throughout this
report with a view to article 28 (1) (a) of the Convention.
[§§§]
Section 13 of the Marriage Ordinance (chap. 181).
[****] Section 14 of the
Marriage Ordinance.
[††††]
Regulation 28, Dutiable Commodities (Liquor) Regulations, Sub. Leg. B.
[‡‡‡‡]
The definition of “articles” includes magazines, books, comics,
newspapers, sound recordings, videotapes, laser discs
and CD-ROMs.
[§§§§]
Sub-legislation under the Gambling Ordinance (chap. 148): Second Schedule,
condition 2.
Except when accompanying a person aged under
16[.]
Employment, education, provision of goods, facilities or
services, disposal or management of premises, eligibility to vote for and
to be
elected or appointed to advisory bodies, activities of clubs, and activities of
the Government[.]
The Commission has yet to analyse responses to its
campaigns against specific indicators[.] But a
valuable practical lesson has been that, where the messages were clear and
specific - and where the public related to a particular
message - feedback was
substantial and the public actively participated in the ensuing discussion.
Where the messages were somewhat
general, public reaction was flat. Both the
Commission and Government are drawing lessons from these observations.
Article 1 of the BORO gives effect in domestic law to
articles 2 and 3 of the ICCPR[.]
Immig[r]ation Ordinance
(chap. 115), sub-legislation of 1994.
&#[8]A person, who in
the opinion of an immigration officer is under the age of 18 years ...
.”
Section 5 (4) of the Human Transplant Ordinance
(chap[. ]465). Such a donation is permissible
if the donor has reached the age of 16 and is married, subject to the approval
of the Human
Organ Transplant Board.
The relevant prescriptions are contained in Part IVC -
sections 59ZA to ZK - of the Mental Health Ordinance
(chap[. ]136).
The[s]e include social
workers, police, medical practitioners, nurses, clinical psychologists, teachers
and so forth, precise membership
varying according to the circumstances of
particular cases.
Section 7 of the Guardianship of Minors Ordinance
(chap[. ]13). The section actually permits
“any person” to make an application for guardianship. In practice,
that person is
always the Director of Social Welfare. Additionally, section 34
(1) (a) of the Protection of Children and Juveniles Ordinance (chap.
213),
provides that the Juvenile Court on its own motion, or the Director of Social
Welfare, or any person authorized by the Director
of Social Welfare in writing,
or any police officer, can make an application to court to appoint the Director
of Social Welfare to
be the legal guardian of the child.
“Children’[s ]programmes” are
programmes designed specifically for children up to and including the age of
15.
In the year 2000, educational broadcasts totalled some
1,300 hours[.]
Through the Quality
Educatio[n ]Fund, which was established in 1998
with an allocation of $5 billion to finance projects for the promotion
of quality education.
It provides funding for nonprofit-making initiatives
within the ambit of basic education.
Dome[s]tic free,
domestic pay, non-domestic, and “other”.
Section 24 provides that the Authority may impose a
financial penalty on a sound broadcasting licensee for contravention of a
provision
of the codes of practice.
Section 28 of the Broadcasting Ordinance provides that
the Broadcasting Authorit[y ]may impose a
financial penalty on a television programme service licensee for contravention
of a provision of the codes of practice.
From 4 p[.]m. to 8.30
p.m.
The panel compri[s]es
more than 260 members from a wide cross-section of the community.
The Film Censorship Ordinance
(chap[. ]392) makes it an offence to allow
persons under 18 years of age to watch category III films. The
maximum fine is $50,000, rising
to $100,000 for the third and subsequent
convictions. Advertising materials (including posters) for category III films
must also
be submitted to the Film Censorship Authority for approval prior to
public display. The Television and Entertainment Licensing Authority
regularly
conducts inspections to cinemas to ensure that the statutory requirements under
the Film Censorship Ordinance are observed
by the cinema operators.
The term
[̶]publish” is defined in section 2
(4) of the Control of Obscene and Indecent Articles Ordinance (chap. 390):
“(4) For the purposes of this Ordinance, other than s.24 (1E) and (1F),
a person publishes an article if he, whether or not
for gain:
(a) Distributes, circulates, sells, hires, gives or lends the article to the
public or a section of the public;
(b) In the case of an article:
(i) Consisting of or containing material to be looked at; or
(ii) That is a sound recording or a film, videotape, disc or other record of
a picture or pictures, shows, plays or projects that
article to or for the
public or a section of the public.”
Section 2 (5) of the Ordinance defines “article” as including
“anything which is intended to be used, either alone
or as one of a set,
for the purpose of manufacturing or reproducing an article”.
The COIAO defines the term “publish” as
including “distribute, circulate, sell, hire, give, shows, plays or
projects
or lend the article to the public or a section of the
public”[.]
Three of the seven events eventually took place after the
organizers modified their plans so as to minimize the likely disturbance
to
others in the community[.]
The discussion of this incident is based on that
contained in paragraphs 74 to 78 of our supplementary report under the ICCPR,
submitted
to the Human Rights Committee before the hearing of our initial
report under that Covenant (CCPR/C/HKSAR/99/1 and
Add[.]1) in November 1999. We have repeated it
here because of its relevance to article 37 (a) of the Convention.
The Long-term Prison Sentences Review Ordinance
(chap[. ]524).
See paragraphs 117
ff[.], in relation to article 12.
Rule 48 provides that prisoners may receive visits from
friends and relatives twice a month, subject to such restrictions as may
be
imposed for the maintenance of discipline and order and for the prevention of
crime[. ]Additional visits may also be
arranged for any special reason and there are no restrictions on the age or sex
of the prisoners or
their visitors. This enables imprisoned mothers to receive
visits from older children.
These would include staffing levels and the availability
of suitable venues[.]
Thus updating paragraphs 22 and 23 of the updating
report.
Article 24 (2) (3) of the Basic Law is reflected in
Schedule 1 to the Immigration Ordinance, which stipulates that a person is a
permanent resident if he/she is of Chinese nationality and born outside Hong
Kong to a parent who is a permanent resident and who
had the right of abode in
Hong Kong at the time of the birth of the
person[.]
Paragraph 44 of the ninth periodic report under the
International Convention on the Elimination of All Forms of Racial
Discrimination
(CERD/C/357/Add.4 (Part
II)[, ]in relation to article 2 of that
Convention.
Guangzhou is the provincial capital of Guangdong, Hong
Kong’s neighbouring province[.]
Attachment of Income Order (Amendment) Ordinance, enacted
in July 2001, outside the period of this
report[. ]The plan is for the amendment to
commence operation after the Chief Justice has made the necessary court
rules, which must then pass
through a “negative vetting” procedure
by the Legislative Council.
There is one boys’ hostel and three girls’
hostels[.
]
Such families include, for example, single parents, drug
addicts, persons with mental illness, persons with a criminal background,
and so
forth[. ]“Complexity” often
entails more than one of these conditions.
BL 24 (2) (3) provides that “the permanent
residents of the Hong Kong Special Administrative Region shall be: (1) Chinese
citizens born in Hong Kong before or after the establishment of the Hong Kong
Special Administrative Region; (2) Chinese citizens
who have ordinarily resided
in Hong Kong for a continuous period of not less than seven years before or
after the establishment of
the Hong Kong Special Administrative Region; (3)
Persons of Chinese nationality born outside Hong Kong of those residents listed
in categories (1) and (2) ...”.
Paragraphs 2 (a) and 2 (b) of Schedule 1 to the
Immigration Ordinance give effect to articles 24 (2) (1) and 24 (2) (2) of
the Basic
Law[.
]
The children in question were adopted on the Mainland by
Hong Kong permanent residents.
The definition devises from the Social Welfare
Department’s “Procedures for Handling Child Abuse Cases - Revised
1998”[.]
At the support and remedial levels, parent education is
more specialized and is conducted by the Social Welfare Department and
NGOs[.]
Referred to paragraph 202 of the previous report.
Although the conclusion of the review fell outside the
cut-off for this report (31 December 2000), we believe that the
outcome will
be of interest to the Committee[.]
Among the recommendations of the review, the one of relevance to family
life education is that it should become an integral part
of the programme
team of family services centres and other community-based programmes with more
attention directed towards the needs
of vulnerable families.
The co[n]ferences are
held at the district and regional levels.
Provisional figure.
Provisional figure.
The causes of the three deaths in 2000 were: (a)
septicaemia due to septic abortion (miscarriage and infection leading to
systemic
infection); (b) severe haemorrhage due to placenta praevia (abnormal
positioning of placenta leading to severe haemorrhage); and
(c) pre-eclampsia (a
severe complication of pregnancy leading to multi-system involvement).
[Text missing]
[Text missing]
The breastfeeding rate on discharge from maternity units
reflects the initiation rate in breastfeeding only. The figure includes
partial, predominant and exclusive breastfeeding a few days after birth.
According to the data from the Annual Breastfeeding
Survey conducted by the Family Health Service, Department of Health.
The Charter is an adaptation of the “Children in
Hospitals Charter” of the United Kingdom’s National Association
for the Welfare of Children[. ]A copy - for
which we are grateful to The Hong Kong Committee on
Children’s Rights - is at annex VIC.
Tuberculosis, hepatitis B, diphtheria, tetanus, whooping
cough, poliomyelitis, measles, rubella and
mumps[.]
The[s]e include such
titles as “Development warning signs” and “Can your baby hear
you?” and “Checklist for
Detection of Visual Problems”.
Such problems include nutrition, blood pressure, vision,
hearing, spinal curvature, psychosocial health and sexual development.
For example, the container of all kinds of skimmed milk
and partly skimmed milk must bear a label stating: “Children under
one year of age should not be fed on this milk except under medical
advice[.]”
As at the time of drafting this report the figures for
the year 2000 were not available because not all the 2000 newborns had reached
the age of 1[.]
The Government’s disease surveillance system
requires all medical practitioners to report occurrences of notifiable disease
to the Department of Health which will act promptly to contain any risk of wider
infection[. The ]Department works closely with
WHO to monitor and exchange information about newly emerging diseases.
Schools were categorized according to the academic
achievement of their pupils[. ]Thus, social
workers were provided to schools catering to “academic
low-achievers” at a ratio of 1:1,000 and at a ratio
of 1:2,000 to other
schools.
This offers 13 topics[.]
The most popular is “Adolescent Health and Sex Education”, which
received over 80,000 calls in 2000.
Such as those for Social Studies, Economics and Public
Affairs, Integrated Science, Biology, Human Biology, Home Economics, Ethics
and
Religious Studies, Physical Education and Liberal
Studies[.
]
The application of the Ordinance to persons with HIV/AIDS
is made clear in
section 61 (2)[.]
Normally at the age of
15[, ]though this may vary, particularly with
disabled children.
The Hong Kong dollar is pegged to the United States
dollar at the rate of HK$ 7[.]8
equals US$ 1.
It is of course, disability that is the relevant
consideration in regard to child beneficiaries under the
Allowance[.]
Rehousing of households from the redevelopment of public
housing estates, the clearance of squatter areas and the Waiting
List[.]
An inadequately housed household is one that does not
live in a selfcontained living quarter built of permanent materials or if
it
shares a living quarter with other households. Families living in temporary
housing (Temporary Housing Areas (THAs), cottage
areas, and squatter areas),
rooftop structures, nonselfcontained public and private flats or sharing in
private selfcontained flats
will be considered as inadequatelyhoused households.
The total number of inadequatelyhoused households has
dropped from around 180,000 in the first quarter of 1995 to about 132,000
in the first quarter of 2000[. ]
The figures are projections based on the results of the
General Household Surveys[. ]Between the first
quarter of 1985 and the first quarter of 2000, the percentage of
inadequatelyhoused households with members aged
under 18 dropped from
42 per cent to 27 per cent.
List of issues to be taken up in connection with the
consideration of the initial report of the People’s Republic of China
concerning the rights covered by articles 115 of the International Covenant on
Economic[, ]Social and Cultural Rights
(E/C.12/Q/CHN/1, para. 67).
Through the Kindergarten Fee Remission Scheme.
The Kindergarten Subsidy
Scheme[.]
The IVE’ was formed in 1999 by amalgamation of the
nine former technical institutes[.]
Of the remaining 8,200 over 6,500 trainees have secured
employment as at mid-2001, a placement rate of 80 per
cent[.]
The position of
illeg[a]l immigrant children from the Mainland
who are claiming the right of abode in Hong Kong is discussed in paragraph 456
under section
IX of this report.
Mostly[, ]Indians,
Nepalese, and Pakistanis.
An (at present unknown) number of South-East Asians
(mainly Filipinos, Indonesians and Thais) are also settled in Hong Kong, some
for many years[. ]But, in general, they appear
to experience fewer difficulties than do South Asians in regard to such matters
as education, perhaps
because many are married to local Chinese or to relatively
well-off Western expatriates.
Essentially, the scheme comprises cash grants to expedite
the integration of children from the Mainland into local
schools[. ]See paragraph 407 above.
The reductio[n ]is a
consequence of the Government’s policy of fostering “mother
tongue” (that is, Cantonese) as the principal medium
of instruction.
We explained the policy in paragraphs 519 to 524 of our report under the ICESCR,
in relation to article 13 of that
Covenant. Those paragraphs are reproduced at
annex XIII for ease of reference.
Section 74 of the Education Ordinance
(chap[. ]279).
Non-academic subjects, such as Religious Studies, may
continue to be taught in English[.]
The assessment was conducted by a vetting committee -
whose members were mostly nonofficials - and an appeals committee comprised
entirely of non-officials.
In 2000, the Court of Final Appeal ruled that admissions
to secondary schools were biased against
girls[. ]The Education Department is taking
steps to comply with that ruling.
The Government introduced the system of half-day
operation in primary schools in 1954 to meet the explosive increase in the
primary
age population during the post-war years with limited resources of space
and capital. Our target for primary education remains the
provision of wholeday
schooling for all and we are committed to providing it to 60 per cent of primary
students by the 2002/03 school
year. Our longer-term aim is for virtually all
primary school students to enjoy whole-day schooling from the 2007/08 school
year
(a small number of schools may not be ready for whole day by the appointed
year for such reasons as construction delays due to persistent
inclement
weather).
Article 3[1 ]provides
for the right of the child to rest and leisure and the right of the child to
participate fully in cultural life and the arts.
“On
r[e]cognizance” means that the persons
concerned are liable to detention pending their removal from Hong Kong but have
been temporarily
released until arrangements for their removal can be made.
For example, where it is
foresee[n ]that the removal of the child is
unlikely to take place for an extended period of time.
This is known as the presumption of doli
incapax[.]
Section 8 (8) of the Juvenile Offenders Ordinance
(chap[. ]226).
Section 15 (1) (c) of the Juvenile Offenders Ordinance
and section 3 of the Probation of Offenders Ordinance
(chap[. ]298).
Section 4 (1) of the Community Service Orders Ordinance
(chap[.] 378).
The comment was originally made in relation to
“definition of the child”, under section
II[.] We have addressed it in this section
in the belief that the concern relates more directly to the question of the
treatment of young
offenders.
Preamble to chapter
280[.]
Facilitie[s ]are so
designated in accordance with section 11 of the Probation of Offenders
Ordinance.
At the time of the previous report, inmates were allowed
unlimited (letter) contact with close friends and relatives
only[.] That restriction was lifted in 1997
by amendment of the Prison Rules.
Section 17 of the Reformatory Schools Ordinance
(chap[. ]225). The Ordinance provides for
the detention of “youthful offenders”, defined in section 2 as an
offender aged between
7 and 16.
Section 4 (1) of the Community Service Orders Ordinance
(chap[.] 378).
“Research on the Effectiveness of Rehabilitation
Programmes for Young Offenders” conducted by the City University of
Hong
Kong on behalf of the Standing Committee on
Young[6]Offenders of the
Government’s Fight Crime Committee.
Both sections [2 ](1)
and 2 (1A) provide protection against the unauthorized disclosure of previous
convictions.
Trade[s ]are selected
for such designation on the advice of the Training Committees established under
the Vocational Training Council for each
industrial category.
Sub-legi[s]lation
under the Employment Ordinance (chap. 57).
Al[s]o sub-legislation
under the Employment Ordinance.
Sub[s]idiary
legislation under the Factories and Industrial Undertakings Ordinance (chap.
59).
The number of
dru[g ]abusers aged 11 to 17 decreased from
1,817 (3.02 per 1,000) in 1995 to 965 (1.54 per 1,000) in 1999. These
numbers relate to abusers
known to the Central Registry of Drug Abuse
(CRDA).
The Government classified ketamine as a dangerous drug in
December 2000[.
]
The proscriptions are contained in section 2A of chapter
145[.]
[Text missing]
[Text missing]
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