State Reports - CRC - United Kingdom of Great Britain and Northern Ireland

Initial reports of States parties due in 1994 (Hong Kong) : United Kingdom of Great Britain and Northern Ireland. 16/06/97.

COMMITTEE ON THE RIGHTS OF THE CHILD

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE CONVENTION

Initial reports of States parties due in 1994

Addendum

UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND:
DEPENDENT TERRITORIES (HONG KONG)*

1. The Committee on the Rights of the Child considered the United Kingdom's initial report in respect of Hong Kong under article 44 of the Convention on 2 and 3 October 1996. In paragraph 36 of its concluding observations (CRC/C/15/Add.63), the Committee asked the Government to prepare a progress report by the end of May 1997 on the measures taken to give effect to the suggestions and recommendations of the Committee.

2. This report is submitted in response to that request and states the position as of May 1997. References in this report to paragraph numbers are, unless otherwise stated, to the paragraph numbers in the concluding observations.

3. The Hong Kong Government believes that its legislation, practices and policies generally conform with the Convention as applied to Hong Kong. The suggestions and recommendations of the Committee as set out in the concluding observations have been fully considered by that Government and its position on the various matters raised by the Committee is set out in the following parts of this report.

4. The Committee recommended (para. 20) that children's rights be discussed in the Sino-British Joint Liaison Group (JLG). It was agreed at the JLG in June 1992 that the Convention would continue to apply to Hong Kong after the transfer of sovereignty. We have proposed to the Chinese side in the JLG that the current reservations and declarations should continue to apply to Hong Kong after the change of sovereignty and the Chinese side have indicated that they have no difficulty with this proposal. Legislation, administrative measures and policies to implement the Convention are, however, matters within the responsibilities of the Hong Kong Government and, in the future, of the Government of the Hong Kong Special Administrative Region (HKSAR); they do not fall within the remit of the JLG.

5. The Chinese side in the JLG have indicated that the reporting procedures of the International Convention on the Elimination of All Forms of Racial Discrimination will follow the current practice; the People's Republic of China will include Hong Kong in its own report to the relevant Committee. It is reasonable to expect that the People's Republic of China will adopt the same practice with regard to the Convention on the Rights of the Child, to which it is a party.

6. The Committee regretted (para. 10) that there had been no decision to withdraw the reservations applicable to Hong Kong, particularly those relating to the working hours of children, refugees and juvenile justice. These reservations took account of the circumstances of Hong Kong in 1994 when the Convention was extended to the territory. They are reviewed regularly, but there has been no substantial change in the relevant circumstances and it is considered premature to withdraw them.

7. There are regulations governing the hours and conditions of employment of young persons aged 15 to 17 in industrial undertakings. The Hong Kong Government is studying the extension of some of these regulations to the non-industrial sector and it would be able to bring any new regulations into effect in 1998. It will be in a better position to consider whether the reservation should be withdrawn after any new regulations have been brought into force.

8. The Hong Kong Government notes the Committee's concern but reiterates the position set out in paragraphs 371 to 376 of the initial report. There are still Vietnamese seeking asylum in Hong Kong and a reservation is needed to cover the relevant legislation and the extent of the services available in detention centres. Further details on Vietnamese migrants and their children are set out in paragraphs 44 and 45 of the present report.

9. Young prisoners are separated from prisoners aged 21 and above. Offenders aged 18 to 20 are held together with those aged 14 to 17. The lack of suitable detention facilities and general overcrowding preclude a change in this practice. The Hong Kong Government is considering a plan to build a new prison to alleviate the overcrowding problem. Meanwhile, the reservation remains necessary.

10. The Committee suggested (para. 20) that a holistic and comprehensive approach to implementing the Convention be taken into account in legislation and policy-making and recommended that an independent mechanism be introduced to monitor the implementation of policy on the rights of the child. The Hong Kong Government has carefully considered these proposals - as it has similar proposals put forward by local commentators - but has concluded that they are 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 affect the rights of the child. The Hong Kong Government takes the view that no new arrangements are necessary for this purpose.

11. The Convention covers various areas of government which are the responsibility of a number of different policy branches of the Hong Kong Government. These branches are assisted by boards and committees and non-governmental organizations (NGOs) in planning and decision-making and where a particular area overlaps the responsibilities of more than one branch there are arrangements for coordination between branches. The concepts of child protection and the "best interests of the child" are necessary considerations in all relevant decision-making in Hong Kong, whether respecting legislative proposals or policies, and are taken into account as a matter of course. Specific laws deal with different aspects of the Convention. The impact of legislation and the execution of policies is monitored by the Legislative Council, the Ombudsman and the press, as well as by being reviewed by the policy branches concerned. These present arrangements allow for flexibility and a swift response to changing circumstances and to the concerns of the public, and no advantage is seen in replacing them with some unified administrative system, a single children's ordinance, or a single monitoring system.

12. The Committee made the further suggestion (para. 22) of a review of the effectiveness of the present system of coordinating policies and programmes, especially as regards child abuse. As indicated in paragraph 11 of the present report, where there is an overlapping of areas of responsibilities of policy branches, there are arrangements for coordination. The "lead" branch will, 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 is provided by the Chief Secretary's Committee Policy Groups - which comprise the most senior representatives of the relevant branches. The Home Affairs Branch (which is responsible for drafting reports under the Convention) acts as a bridge between the Government, the Legislative Council and the public. Where necessary, it seeks advice from the Government's experts on human rights and international law to ensure compliance with the Convention. Paragraphs 28 and 29 of the present report provide an example of cooperation, including involvement of NGOs, in handling child abuse. The Hong Kong Government considers that the present arrangements for institutional cooperation adequately serve Hong Kong's needs.

13. The Hong Kong Government has long-established and good working relationships with NGOs. NGOs are closely involved in the making of policies relating to the Convention by giving advice though boards and committees composed of representatives of NGOs and government officials, and through direct communication with branches and departments. They have offered their views on the drafting of reports, including the initial report, assisted in the dissemination of the Convention and scrutinized the Government's actions in giving effect to the Convention. NGOs themselves also take part in implementing the Convention, for example, by providing counselling and care services for youths, abused children and split families.

14. The Committee suggested (para. 22) that the collection and analysis of statistics should take account of the definition of the child as a person under 18 years. At present the practice in Hong Kong is to collect population data for each year of age but, in general, statistics are presented in quinquennial age groupings (i.e. 0-4, 5-9, 10-14, and so on). This general practice produces statistics for 15-19 years of age, but not 15-17. However, statistics applicable to different age groups may be compiled at the request of branches and departments where that is necessary for particular studies or purposes, including the formulation of policy. The Committee's suggestion has been brought to the notice of branches and departments.

15. The Hong Kong Government considers that its existing practice is in line with the Committee's suggestion (para. 22) on the development and use of indicators to monitor progress in implementing the Convention.

16. One example of specifically designed indicators for monitoring and evaluation is that used to measure the effectiveness of the Police Superintendents' Discretion Scheme by determining the recidivist rate. Statistics are kept of the number of young persons who have been cautioned under the Scheme and a person is regarded as a recidivist if he is arrested before attaining the age of 18 years for a crime within two years of the date of a caution. Policy branches are examining other programmes to see if new indicators and studies to develop them are necessary.

17. The Committee suggested (para. 23) that consideration should be given to taking further measures to inform the general public of the Convention. The Hong Kong Government wishes to recall the action it has taken, using a variety of 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, announcements of public interest on television, seminars and roving exhibitions. The publications relating to children's rights include 30,000 copies of a pictorial version of the Convention, 80,000 copies of a storybook for children, 20,000 cassette tapes with stories on the principles of the rights of the child and teaching kits. One new project is the production of exhibition panels on the Convention which are available for loan to schools and voluntary agencies from May 1997. Others include roving exhibitions, television announcements in the public interest, workshops, handbooks and teaching kits which will cover children's rights as one of their topics. Further details are set out in the annex to this report.

18. The Committee has made a number of suggestions (paras. 23, 24 and 32) for evaluating public awareness and understanding of the Convention and of the need to prevent and combat discrimination, and for evaluating the effectiveness of human rights education. The Hong Kong Government agrees with these suggestions and will consider making appropriate provision in a future civic awareness survey. Independently, the Equal Opportunities Commission is closely monitoring discrimination on the grounds of sex and disability. The Government has just completed a consultation exercise on discrimination on the grounds of race and will submit the findings to the Legislative Council in June.

19. The Convention and the initial report have been distributed to the public through District Offices, civic education exhibitions, youth conferences and non-governmental organizations. The booklets are available free of charge. The pictorial version referred to in paragraph 17 above, which is an abridged illustrated guide, was published to bring the message home to the public in a vivid manner. The guide has been distributed to schools, libraries and voluntary agencies.

20. The summary records and concluding observations of the October 1996 hearing are made available on request. The concluding observations, together with a Chinese version, have been distributed to members of the Legislative Council. The Hong Kong Government plans to publish the observations in English and Chinese and to give them wide circulation when the authentic Chinese version is available from the Committee. The present report will also be published in two languages with the same wide distribution as the initial report.

21. The Committee suggested (paras. 25 and 32) that greater priority be accorded, in the spirit of article 12 of the Convention, 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 Hong Kong Government attaches importance to children's participation. This 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. Teaching staff are required 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. The CPCE and the Independent Commission against Corruption plan to produce a civic education package entitled "Toward good citizenship". The aim is to enhance public consciousness, including that of children, that everyone, of whatever age, has a responsibility for the welfare of others and for society as a whole. This package will be ready by mid-1997. Additionally, school and family life education programmes encourage parents to listen to their children's views.

22. The Committee recommended (para. 26) that further measures be taken to deal with illegal immigrant children from China, especially with regard to split families. Hong Kong's immigration policy seeks to regulate immigration from the People's Republic of China, most of which involves family reunification, in a controlled and manageable manner under the "one-way permit" scheme. Some people, however, attempt to jump the queue and enter Hong Kong illegally. In 1995, the daily quota for one-way permits was increased from 105 to 150 to cater for family reunification. Thirty places in the additional quota are allocated to children who will have the right of abode in Hong Kong after the change in sovereignty. This has increased the number of Chinese immigrants, including children whose parent(s) are in Hong Kong and adults whose spouses are in the territory, entering for family reunion. The Hong Kong Government has urged the Chinese Government to approve family reunification by family units.

23. In view of the increasing number of immigrants from China, many of whom are children joining their families, the Hong Kong Government is making further efforts to provide them with both dedicated and general services with the object of integrating them into the local community smoothly and quickly. The Government will spend a total of $168 million in 1997/98 in providing dedicated services for new arrivals from China. These resources will be used, among other purposes, for providing educational services and social welfare assistance for new immigrant children, including more school places, subventions to NGOs in providing language programmes, special orientation sessions and counselling services, and for a new school-base support scheme under which schools admitting new arrivals receive financial assistance from the Government. New arrivals are also entitled to the full range of general health care, social welfare, housing and employment services available to Hong Kong citizens.

24. In paragraph 27 of its concluding observations, the Committee expressed the view that the prevention of child abuse requires attitudinal changes in society with greater respect for the inherent dignity of the child. The Hong Kong Government believes that the general public is becoming more aware of the negative effect on society of child abuse, but is, nevertheless, increasing its efforts in its public education programmes to bring the message home. (See also para. 17 above.) A new initiative was the setting up of a Student Discipline Section in the Education Department in September 1996. One of the aims of this initiative was to promote a better understanding on the part of teachers of the role of punishment as a disciplinary measure and to develop a policy on discipline in schools. In 1996/97, 106 secondary schools took advantage of the services of this new Section.

25. With reference to the Committee's view (para. 28) that the workload of social workers handling child abuse cases may still be too high, 20 social workers at senior practitioner level were added to the Child Protective Services Unit between 1994 and 1997. The case load of each officer has been reduced from an average of 35 in 1994/95 to an average of 27 in 1996/97. The Hong Kong Government provides in-service training to enhance social workers' competence and their effectiveness in managing their caseloads.

26. The Hong Kong Government is pursuing the establishment of more facilities to help parents who cannot look after their children during the day. The expenditure for this purpose is expected to increase by 3.6 per cent in 1997/98 compared with the previous year. On 30 April 1997, there were some 42,000 child-care centre places (day cr�che, day nursery, residential child care and special child-care places) as compared to 40,000 at the end of April 1996. These places are provided by government, aided, subvented and private child-care centres.

27. In a related development, the Child Care Centres (Amendment) Bill 1996 included new provisions establishing mutual help child-care groups and prohibiting unsuitable persons acting as child minders. The Bill is being considered by the Legislative Council with a view to enactment in the present session.

28. The Committee (para. 22) made particular reference to the issue of child abuse in proposing a further assessment of the effectiveness of present policies. Paragraph 13 of the present report notes that the Hong Kong Government works closely with NGOs. Taking child abuse as an example, the Working Group on Child Abuse, with participants from government departments and from various disciplines, including social workers from NGOs, proposes measures to combat child abuse and monitors their implementation. The 13 District Committees on Child Abuse (also with government and NGO representatives) coordinate efforts at local levels. The Government also conducts district-wide educational programmes and publicity.

29. In April 1997, the Government established a Police Child Protection Policy Unit. Its purpose is to deal with cases of child abuse by establishing joint working protocols and procedures, and it liaises with NGOs through the Working Group on Child Abuse. Another government task group (established in 1996 with representatives of different disciplines and organizations) compiled procedures for handling child abuse cases. The aim is to improve multidisciplinary cooperation and effectiveness. The Government has also arranged briefing sessions and training programmes for NGOs.

30. In paragraph 28, the Committee encouraged the initiative taken to ensure within future reviews of the Family Life Education (FLE) Programme an assessment of its effectiveness in preventing child abuse. The object of the FLE Programme is 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. FLE is one of the initiatives - noted in paragraph 24 above - to develop respect for the rights of children. It has been found that FLE programmes do help parents to develop their skills as parents and their awareness of their parental duties and responsibilities. Although the Programme is not directly aimed at child

abuse, it is believed to help in its prevention. Its effectiveness in increasing parents' knowledge and skills is one of the subjects of an evaluation programme.

31. The Hong Kong Government plans to launch a pilot scheme on integration in September 1997. Schools participating in the scheme will be provided with additional teachers and grants for supporting disabled pupils. Government specialists and inspectors will provide advisory services and training to teachers in those schools.

32. It is also planned to improve existing schools by providing access facilities for the disabled where this is technically possible. The work will be done in stages. The first stage, covering some 100 schools, is expected to be completed in 1997/98. New schools planned for completion in 1997 or afterwards will be built to the latest designs, which incorporate standard facilities for the disabled, including lifts, ramps and special toilets. It is expected that 10 primary and 12 secondary schools built to these standards will be completed between 1997 and 1999.

33. The Committee recommended (para. 30) that a review be undertaken of the effectiveness of measures to encourage breastfeeding (including the question of the free distribution of powered baby milk in hospitals). The Hospital Authority and Department of Health do not distribute free powered milk. Babies are only fed powdered milk in hospitals when their mothers cannot or do not wish to breastfeed. The Hong Kong Government actively promotes breastfeeding through pamphlets, television advertisements, nursing officers, ante-natal programmes and so forth. Monitoring of the effectiveness of these measures shows that the rate of breastfeeding has increased from 19 per cent in 1992 to 46 per cent in 1996.

34. The Employment Ordinance prescribes the amount of maternity leave, the benefits and the protection available to female employees (see para. 219 of the initial report). In May 1996, the Hong Kong Government proposed to strengthen the provisions protecting pregnant employees by prohibiting employers from assigning to them heavy, hazardous and dangerous work, removing the restrictions on the number of surviving children which qualifies for maternity leave pay, and allowing them to defer two weeks of their ante-natal leave until after their confinement. The last provision aims to give working mothers more time with their new-born babies, and encourage and facilitate breastfeeding. In December 1996, discrimination in employment on the grounds of pregnancy was rendered unlawful under the Sex Discrimination Ordinance. And in March 1997, the Hong Kong Government introduced an amendment to the Employment Ordinance providing, inter alia, for the award of compensation up to $150,000 for pregnant employees dismissed without a valid reason.

35. The Committee suggested (para. 31) that a review be conducted of the possible links between school pressures and adolescent health problems. The Hong Kong Government recognizes that pressures during the school years can have an impact on children's physical and mental health. There are dangers that excessive time spent on schoolwork, whether in school, in homework or in private tuition, at the expense of physical activity or play, and classroom competition can contribute to mental stress. But the problem of stress is not solely a school problem. Parental expectations of academic success (which may demand increased workloads from schools or require their children to attend extra private tuition) and peer pressure may also induce stress and there are other non-scholastic factors - housing conditions, family difficulties - which may be significant.

36. The Hong Kong Government recognizes these dangers and keeps the issue under constant review. As part of its aim of all-round development of the child, it encourages the inclusion of sports and arts in the school curriculum. Recognizing the problem, schools have modified the volume of the workload or have established policies to limit the volume. The education authorities, working through teacher-parent associations and meetings, are attempting to get parents to recognize the damaging effect of pressure, whether at school or at home, on their children. Counselling is an important service in allaying school pressure. In addition to the school social work and health services (paras. 272-277 of the initial report) which provide assistance to students in need, the Government provides a telephone hotline service for assistance with adolescent health problems. The number of calls on these topics went up from 440,000 in 1993 and 1994 combined, to 570,000 in 1995 and 340,000 in 1996.

37. Another source of pressure for some students is the practice in some schools of teaching in English rather that in Chinese which is the mother tongue of most Hong Kong people. The problems arising from this were explained in paragraphs 276 to 380 of the third report in respect of Hong Kong under the International Covenant on Economic, Social and Cultural Rights. The remedial measures foreshadowed in paragraph 380 of that report should do much to alleviate these pressures and help students to study more effectively, and so enhance their self-esteem.

38. The Hong Kong Government has long been aware of the youth suicide problem. The reasons for youth suicide are diverse. Psychological autopsy of suicide victims reveals that poor family relations and personal problems account for most of the cases. School and learning problems follow. Paragraphs 272 to 277 of the initial report describe how the Government has been tackling the problem through families, schools and parent-school

cooperation. The number of fatal and attempted suicide cases recorded by the Education Department for the school years 1992/93 to 1995/96 was as follows:

This shows a drop by 59 per cent in the total number of fatal and attempted suicide cases reported over that period.

39. In February 1997, the University of Hong Kong completed research projects on the usefulness of peer support programmes in dealing with suicide and drug abuse in schools. This included the development of a manual for training "peer helpers". The Hong Kong Government is studying the report and will distribute the manual to schools. In addition, as part of a review of the social work service for school students and young people in need, a working group is evaluating the effectiveness of the school social work service and examining its future development having regard to other school-based and non-school-based supportive services for young people. This review will be completed by the end of 1997. At the same time, research is being conducted in secondary schools (under a project entitled "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.

40. With reference to paragraph 23 of the Committee's concluding observations, human rights topics, including those on the rights of the child, are included in the degree courses and training programmes for professionals handling cases involving children, for example, social workers, teachers, doctors and police officers. Professional on-the-job courses also cover relevant human rights topics. It is considered that these arrangements are adequate in keeping professionals abreast of the developments of the human rights regime.

41. The Committee's proposal (para. 32) to include human rights and the Convention as a core subject in schools will have to be considered in the light of competing demands for school time. As stated in paragraphs 349 to 351 of the initial report, human rights feature in the syllabus of a range of primary and secondary school subjects, for example, general studies, social studies, economic and public affairs, government and public affairs, and liberal studies. A new syllabus of civic education is also being prepared which schools may offer as an optional subject from 1998; it will cover individual rights and responsibilities, equality, discrimination and international human rights.

42. The Committee recommended (para. 32) that fuller implementation of article 31 of the Convention (rest and leisure) deserved further study. The Hong Kong Government attaches importance to the development and promotion of arts, sports, heritage and extra-curricular activities for children. In addition to special events, children are encouraged through television, radio, advertisements, schools and youth centres to choose among a variety of extra-curricular activities and to take part in them in their leisure time. The Municipal Councils' and Government's activities in this respect are set out in paragraphs 356 to 370 of the initial report; the recurrent expenditure for 1996/97 for arts activities amounts to over $1,470 million, an increase of 28 per cent over 1995/96.

(a) The Urban Council's Summer Fun Festival, International Arts Carnival, Children's Fun Week, Mid-autumn Lantern Design Competition and Exhibition and the Christmas Carnival. The budget for such events in 1996 totalled $5.97 million, a 51 per cent increase over 1995. A total of 134 activities drew an audience of 140,000 in 1996;

(b) The Regional Council's International Children's Arts Festival. The budget for 1996 was $5.07 million, an 11 per cent increase over 1995. The Festival staged 97 performances, workshops and fun days and drew an audience of 27,000 in 1996;

(c) The annual Summer Youth Programme, which in 1996, involved 1.05 million people for a total expenditure of $53.28 million, an increase of 12 per cent over 1995.

44. The Committee suggested (para. 33) an evaluation of the present and previous policy on Vietnamese children in detention in Hong Kong. The Hong Kong Government's policies on illegal Vietnamese migrants are set out in section VIII.A of the initial report. The decision of the international community is that Vietnamese who are determined to be non-refugees must return to Viet Nam. The Office of the United Nations High Commissioner for Refugees and the Hong Kong Government have been counselling them to return home under the voluntary repatriation programme, under which the migrants receive financial assistance to reintegrate into the community in Viet Nam. Over 56,000 Vietnamese have returned to Viet Nam voluntarily from Hong Kong since 1989 and another 10,000 have returned under the orderly return programme since 1991. Hong Kong is proceeding to repatriate the remaining 2,785 as quickly as possible. Meanwhile, they are detained under the Immigration Ordinance.

45. The Hong Kong Government has endeavoured to provide decent and humane living conditions for those Vietnamese who are detained. They are provided with daily necessities and services, including medical services, education for children, recreation and family services and so forth. Although when the initial report was drafted it was envisaged that secondary education would cease in the detention camps, the Hong Kong Government has, since September 1996, provided funds for the International Social Service to extend its community-type schooling to Vietnamese children to the age of 17.

46. In response to the Committee's recommendation (para. 34) that the age of criminal responsibility be raised, the Hong Kong Government is undertaking a comparative study of the age of criminal responsibility in a number of jurisdictions.

�1996-2001
Office of the United Nations High Commissioner for Human Rights
Geneva, Switzerland