List of issues: Hong Kong : United Kingdom of Great Britain and Northern Ireland. 21/06/96.
CRC/C/Q/UK(HK).1. (List of Issues)
COMMITTEE ON THE RIGHTS OF THE CHILD
Thirteenth session
Pre-sessional Working Group
10-14 June 1996


IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD


List of issues to be taken up in connection with
the consideration of the initial report of
United Kingdom Dependant Territories: Hong Kong
(CRC/C/11/Add.9)

General measures of implementation
(arts. 4, 42 and 44 para. 6 of the Convention)

In the spirit of the Declaration and Plan of Action adopted by the World Conference on Human Rights which encouraged States to consider reviewing any reservation to international human rights instruments with a view to withdrawing them, please provide information in this regard concerning the reservation made by the State party to the Convention on the Rights of the Child as it applies to the dependent territory of Hong Kong.

Please provide further information on the effectiveness of present institutional arrangements in coordinating the implementation of policies on the rights of the child and monitoring the implementation of the Convention.

With reference to para. 19 of the report has the Government reconsidered its decision on the desirability of the establishment of a Human Rights Commission, which would have the competence to deal with children's issues, in light of the suggestions and recommendations contained in E/C.12/1994/19, Part Two, para. 16 and CCPR/C/79/Add.57, para. 22. following the Committee on Economic, Social and Cultural Rights and the Human Rights Committee's consideration of the reports of the United Kingdom Dependent Territories: Hong Kong?

Is the Government planning to extend the systems for the collection and analysis of statistical data to all children below the age of 18 and not only for children below the age of 15? ( Para. 44 of the report) In addition, does the Government have any intention of reconsidering its position with regard to the development of other surveillance systems as a means of obtaining information on the prevalence of different types of disability and the programmes and services required to meet the needs of disabled children? (Para. 232 of the report)

Please provide more information on the education and training on the Convention on the Rights of the Child provided to government officials, educators, judges, lawyers and police officers as well as the measures taken to sensitize the media and decision makers about the principles and provisions of the Convention.

Please provide more information on the process of preparing the report, in particular the extent to which the non-governmental organizations were involved. In addition, have any further steps been taken since the submission of the State party report to encourage the involvement of civil society, including non-governmental organizations particularly concerned with children's rights, in the development of policies on the rights of the child?


Definition of the child
(Article 1 of the Convention)

In view of the information contained in paras. 37 and 402 of the report please provide details of the criteria employed to determine the apparent maturity and mental capacity of a child when deciding whether or not to prosecute child offenders aged seven to ten years.


General principles
(Arts. 2, 3, 6 and 12)

Please provide clarification as to how the provisions of article 2 are being interpreted with regard to Vietnamese children and illegal immigrant children and their enjoyment of the rights covered in the Convention, in particular in relation to their rights to access to education, adequate health care and family reunification?

In light of the statements contained in paras. 4 and 53 of the report, please indicate whether any evaluation has been undertaken as to the effectiveness of present measures in ensuring that the promotion of the child's best interests is a guiding principle of all policies which affect children. In addition, please provide further information on how the best interests of the child is being applied as a primary consideration in all actions concerning children whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies.

Please indicate what further measures have been taken to raise the awareness of families and the public in general of the need to encourage children to exercise their right to participate in social life as well as to provide persons working with children with adequate training on this particular aspect of children's rights.


Civil rights and freedoms
(Arts. 7-8, 13-17 and 37 (a) of the Convention)

In light of the information contained in paragraph 84 of the report, how is national legislation ensuring its conformity with the articles of the Convention, particularly the provisions of its articles 2, 3, and 7 in relation to a child's acquisition of citizenship and domicile where the child is born out of wedlock.

What is the age permissible for forming a society under the "Societies Ordinance"?


Family environment and alternative care
(Arts. 5, 18 paras. 1-2, 9-10, 27 para. 4, 20-21 11, 19 and 39 and 25 of the Convention)

Has an evaluation been undertaken as to the effectiveness of the programmes for "Enhancing parents' child-rearing skills", particularly in spreading the message of equal parental responsibilities?

Please provide information on the status of the White paper on "Social Welfare into the 1990's and Beyond" mentioned in para. 54 of the report.

Please provide information on any further steps being taken to ensure that children are not left unattended at home as well as for the prevention of accidents affecting children? (Paras. 152 and 280 of the report).

With reference to para. 182 of the report in which it is indicated that a recent review of residential child care has been undertaken, please provide further details of the implementation of recommendations contained in this review.

Please indicate whether further steps have been taken since the submission of the report for the extension of the Hague Convention on the Civil Aspects of International Child Abduction to Hong Kong. Has consideration been given to the possibility of making the Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption applicable to Hong Kong?

Is information available on the extent to which the views of older adopted children have been taken into consideration when adopters are registering the adoption of a child and deciding on the adopted child's name?

In view of the information contained in paras. 99 and 192 of the report, please provide information on any measures taken to follow-up on the recommendations of the Working Group which was formed to review the Adoption Ordinance.

With respect to information contained in para. 199 of the report, please provide further details of the existence, if any, of practices by which parents treat their children with disrespect, parental authority is over exercised and corporal punishment is meted out against children within the family situation. In addition, please provide further information on the reasons for and incidence of non-accidental use of force, burning or poisoning as they affect children.

In the case of the abuse of children, what measures, if any, are being taken to provide rehabilitative treatment to adults who have committed such violations? (paras. 214-215 of the report)


Basic health and welfare
(Arts. 6 para. 2, 23, 24, 26 and 18 para. 3 and 27 paras. 1-3 of the Convention)

Please provide further details of the effectiveness of present measures and of any further measures being considered to deal with the adolescent health problems mentioned in paras. 269-277 and 431-445 of the report.

Has the Government introduced any further measures, including the development of public information campaigns, to encourage breast-feeding of children?

Please provide information on the measures taken to improve the provision of child and family centred care in medical establishments, in particular in hospitals.

With reference to the information in para. 266 of the report, please provide information on any other measures being taken to tackle the control of environmental pollution and its adverse effects on the health of the population, including of children.

Please provide more information on the salient points of the comprehensive review of the Comprehensive Social Security Assistance Scheme (CSSA) and the implementation of the review's recommendations (para. 287 of the report).


Education, leisure and cultural activities
(Arts. 28, 29 and 31 of the Convention)

Are there any plans to make senior secondary education free of charge?

Please provide further information on the ways in which encouragement has been given to children's participatory rights in schools. Have the views of students been sought in any evaluation process of the system of education? If so, please provide details of the main suggestions. (See paras. 346-7 of the report).

Has any evaluation been undertaken as to the effectiveness of the measures outlined in para. 341 of the report in ensuring that school discipline is administered in a manner consistent with the child's human dignity and in conformity with the Convention on the Rights of the Child, in the light of the provisions of its article 28 (2)?

With reference to para. 351 of the report, please provide clarification as to whether teaching and awareness of the provisions and principles of the Convention on the Rights of the Child have been incorporated into the teaching kits on "Education in Human Rights" and "Rights and Duties" at the secondary level as well as into the teaching materials "Understanding your Rights and Fulfilling your Duties" and the new kit under preparation for primary schools.


Special protection measures
(Arts. 22, 30 and 32-40 of the Convention)

Concerning the situation of Vietnamese children in detention camps, please provide information on the measures being taken by the Government to protect such children from becoming the victims of neglect, abuse or violence.

Please provide further information on how the Government is ensuring the that the provisions of articles 3, 6 (2) and 37 (b) of the Convention are being enjoyed by Vietnamese children in detention.

Please provide information on the measures being taken by the Government, in light of the principles and provisions of the Convention, in particular those of its articles 3 and 28, to address the situation of detained children of families whose voluntary repatriation to Vietnam is still awaiting acceptance by the required authorities.

In light of the information contained in paras. 37 and 402 of the report, please provide further information on the application in practice of Chapter 226 of the Juvenile Offenders Ordinance which provides for the age of seven years as the minimum age of criminal responsiblity, including on the criteria employed to determine the apparent maturity and mental capacity of a child when deciding whether or not to prosecute child offenders aged between seven and ten years.

Please provide further information, in the light of articles 37, 39 and 40 of the Convention, on the application in practice of the possibility of release granted through the exercise of the Governor's power of pardon and remission under Article XV of the Letters Patent in cases of the sentencing of a child or young person to life imprisonment. (Para. 136 of the report).

Please provide information on the number of children above the age of 15 employed in non-industrial establishments and the major types of occupation in which such children are employed?


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Office of the United Nations High Commissioner for Human Rights
Geneva, Switzerland