THE UNIVERSITY OF HONG KONGLIBRARIES

Hong Kong Collectiongift from

Hong Kong. Home Affairs Dept,News & Publicity Division.

An outline of the topics to be covered

in the initial report on the

HKSAR under the International Covenant

on Civil and Political Rights aCCPR)

Article 1

Progress and development of democracy

To be dealt with under Article 25

Article 2 Ensuring to all individuals the rights recognized in theCovenant

Human rights provisions in the Basic Law and the Hong Kong Bill of RightsOrdinance

Guarantees under Chapter III, and in particular, BL 39

Review of legislation since June 1991

- NPCSC's decision of 23 February 1997

The Hong Kong Bill of Rights (Amendment) Ordinance 1997

The Hong Kong Bill of Rights (Amendment) Ordinance 1998

Equal Opportunities Commission

The Sex Discrimination Ordinance and its implementation (to be dealtwith under Article 3)

The Disability Discrimination Ordinance and its implementation (to bedealt with under Article 26)

- The Family Status Discrimination Ordinance and its implementation (to bedealt with under Article 26)

Human rights education

Human rights education in schools *g*

Human rights education outside schools

Human rights education for the civil service

Human rights seminars for the Judiciary

Basic Law Promotion Steering Committee

Public education on the Basic Law

The Ombudsman

The current system of complaints against maladministration

The powers of the Ombudsman

Statistics

Administrative Appeals Board/ Municipal Services Appeals Board

Statistics of cases handled and the mode of operation

Follow-up on the Report of the 1C AC Review Committee

Prevention of Bribery (Miscellaneous Provisions) Ordinance 1996

Present position

Complaints against Police

Police complaints system : the current system and improvement measuresmade

Statistics

Human Rights Commission

- HKSARG'sview

Article 3 Equal right of men and women

CEDAW

Equal Opportunities Commission

Sex Discrimination Ordinance

Implementation of the Ordinance

Equal right of women in politics

Women in the representative government structure

Women in rural elections

ICPROL~1.DOC

Women in advisory boards and committees

Women in public offices

Equal rights of women in education

nine-year compulsory education

equality in school curriculum, higher education and vocational training

Inheritance of New Territories land

NT Land (Exemption) Ordinance and its implementation

- NT Small House Policy and BL 40

Article 4 Public Emergencies

BLandBORQ : BL 18, BORO S5

Emergency Regulations

The capacity to legislate under the Emergency Regulations Ordinance

Article 5 Prohibition on destruction of any rights and freedomsrecognized in the Covenant

BL & BORO :

The continued operation of sections 2(4) and (5) of the Hong Kong Bill ofRights Ordinance (Cap.383)

Article 6 Right to Life

BL & BORQ : BL28,BORArt2

Abolition of the death penalty

The death penalty had been abolished with the enactment of the Crimes(Amendment) Ordinance 1993

Article 7 No torture or inhuman treatment and no experimentationwithout consent

BL & BORO : BL28,BORArt3

ICPROL~1.DOC

Continued application of the Convention against Torture and Other Cruel,Inhuman or Degrading Treatment or Punishment (CAT)

The continued operation of the Crimes (Torture) Ordinance (C(T)O) and theOffences against the Person Ordinance

The Fugitive Offenders Ordinance and the Fugitive Offenders (Tortured Order

Training of disciplined forces in relation to the provisions of the CAT and thecmo

Training of medical doctors in the recognition of the seauelia of torture

Protection for patients detained under mental health legislation

Arrangements for detaining patients under the Mental Health Ordinance

Use of electro-convulsive treatment on mental patients

Article 8 No slavery or servitude

BL & BORO : BORArt4

Treatment of foreign workers

Protection of the rights and benefits of imported workers

Protection for foreign domestic helpers

Article 9 Liberty and security of person

BL&BORO : BL28,BORArt5

Proposals by an Interdepartmental Working Group on the LRC Report onArrest published in 1992

- What the proposals are and how they will be implemented

General Right to Bail

The continued operation of the Criminal Procedure (Amendment)Ordinance 1994

ICPROL~1.DOC

Challenges to the lawfulness of detention

Supreme Court (Amendment) Ordinance 1997 : Localization of theEnglish Habeas Corpus legislation

Statistics of cases in which individuals challenged the lawfulness of theirdetention by way of applications for habeas corpus or judicial review

Vietnamese Asylum Seekers

Present position and the way forward for Vietnamese Refugees/ Migrants/Illegal immigrants (end of port of first asylum policy)

Review of long-term prison sentences

Long-term Prison Sentences Review Ordinance (to be dealt with underArticle 10)

Article 10 Right of persons deprived of their liberty

BL & BORO : BOR Article 6 and BORO S9

Regulation and management of all penal establishments

Present system governed by legislation and statutory rules

Prison Rules - order and discipline in prisons

Recent amendments to Prison Rules to protect rights of prisoners

The horse-racing pages case (to be dealt with under Art 19)

Rehabilitation of ex-prisoners

- Rehabilitation of Offenders (Amendment) Ordinance 1996

Rehabilitation of juvenile offenders

The work of the "Long-Term Prison Sentences Review Board", (the Long-term Prison Sentences Review Ordinance),, the "Release under SupervisionScheme" and the "Post-release Supervision Scheme"

Petitions/Complaints by Prisoners

- The mechanism of petitions to the CE and BL 48(12)&(13)

The JP system : Justices of the Peace Ordinance

Complaints to the Ombudsman

ICPROL~1.DOC

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Complaints to the Complaints Investigation Unit of the CorrectionalServices Department

The cases of young offenders formerly detained at "Her Majesty's Pleasure"

Present position and the way forward

Separation of voting offenders from adults in penal institutions

Operation of the current system, statistics and the way forward

Article 11 No imprisonment for breach of contract

BL & BORO : BORArt?

Rules of the Supreme Court regarding judgement debtors

Up-to-date position

Article 12 Liberty of movement

BL & BORO : BL24 &31, BOR Art 8

Freedom to choose residence

No restrictions on freedom to leave Hong Kong

Reasonable restrictions imposed by the Employment Ordinance, the InlandRevenue Ordinance, the Prevention of Bribery Ordinance and the TravelAgents Ordinance continue to apply

Hong Kong Travel Documents

Issue of HKSAR passports and statistics : Hong Kong SpecialAdministrative Region Passports Ordinance

Number of countries offering visa-free entry to visitors from the HKSAR

Right of Abode

Right of abode of Chinese citizens, persons who are not Chinese' citizensand anyone who has the right of abode before 1 July 1997

~ Certificate of Entitlement Scheme

Legal challenges : Cheung Lai-wah v Director of Immigration(Court of First Instance 1997)

ICPROL~1.DOC

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Chan Kam-nga v Director of Immigration(Court of First Instance 1998)

Lawful entry into Hong Kong

Countries enjoying visa-free entry to the HKSAR

Changes to the right to stay by British nationals

Article 13 Restrictions on expulsion from Hong Kong

BL & BORO : BOR Art 9 and BORO S12

Powers of removal and deportation under the Immigration Ordinance

Statistics of removal and deportation since the handover and statistics ofcases reviewed by the Chief Executive

Article 14 Equality before courts and right to fair and public hearing

BL & BORO : BL 35, BL Chapter IV Section 4, BOR Arts 10 & 11

Independence of the Judiciary

The Court of Final Appeal

Present operation

Efforts to promote wider use of Chinese in the courts

Present position

Measures to reduce delays to criminal trials and special lists for humanrights/equal opportunity cases

Present system of operation

Right of access to legal system

The present system of legal aid service

- The establishment of the Legal Aid Services Council : Legal Aid ServicesCouncil Ordinance

Separate representation of children in legal proceedings

ICPROL~1.DOC

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Present position

Bilingual Charge forms and Court Documents

Current development

Article 15 No retrospective criminal offences or penalties

BL & BORO : BORArtl2

No retrospective offences

Cheung Lai-wah v Director of Immigration (Court of First Instance, 1997)

Benefit of lighter sentence

- R v Chan Chi~hung (Privy Council) (1995)

Article 16 Right to recognition as person before law

BL & BORO : BORArtlS

Article 17 Protection of privacy, family, home, correspondence, honourand reputation

BL & BORO : BL 29, 30, BOR Art 14

Data protection

The Office of the Privacy Commissioner for Personal Data and theoperation of the Personal Data (Privacy) Ordinance

Statistics of enquiries and investigation

Interception of Communications

The present system and the way forward

- Government's Consultation Paper on the Interception of CommunicationsBill

- The Interception of Communications Ordinance passed by the formerLegislative Council

Protection of prisoners' correspondence

ICPROL~1.DOC

Prison (Amendment) Rules 1997

Law Reform Commission studies on privacy

Article 18 Freedom of thought, conscience and religion

RL&BORO : BL 32, 137, 141, BOR Art 15

Article 19 Freedom of opinion and expression

BL & BORO : BL 27, 34, BOR Art 16

Press freedom and self-censorship

present position

Film classification system

Present system

Restrictions on cross-ownership of media

Present position

Hong Kong Arts Development Council

Present policy and operation

Code on Access to Information

Present system and statistics

Regulation of obscene and indecent articles

Present system of operation and control (including that for Internet)

Crimes Ordinance

present position

Prison Rules - order and discipline in prisons

The horse-racing pages case

Article 20 Prohibition on propaganda for war

ICPROL~1.DOC

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No change to Section 33 of the Television Ordinance

Article 21 Right of peaceful assembly

RL & BORO : BL 27, BOR Art 17

The operation of the Public Order Ordinance

Statistics of the number of demonstrations since 1 July 1997

Article 22 Freedom of Association

BL & BORO : BL 27, BOR 18

The operation of the Societies Ordinance

Amendments to the Societies Ordinance in 1997

Statutory protection against anti-union discrimination

Amendments to the Employment Ordinance

Regulation of trade union activities

Statistics on number and membership of trade unions

Ajnendments to the Trade Union Ordinance, including those on formationof trade unions and trade union federations, and affiliation of trade unionswith organisations in foreign countries

Ban on members of the Police Force joining trade unions

Present position

Article 23 Rights in respect of marriage and family

BL & BORO : BL 37, BOR Art 19

Welfare policy towards families

Family services under the 1991 White Paper on Social Welfare

Present development

Guardianship of Minors

Present position

ICPROL~1.DOC

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Social Welfare for new immigrant families from China

Present position

Amendments to the Matrimonial Causes Ordinance in 1995

Statistics of divorce and programmes enhancing family cohesion sincethen

Marriage and Children (Miscellaneous Amendments) Ordinance 1997

improvements to matrimonial laws, particularly better protection forchildren and spouse of marriage

Article 24 Rights of Children

BL & BORO : BORAH20

Continued application of Convention on the Rights of the Child (CRC) in theHKSAR

Tackling the problem of child abuse

Multi-disciplinary approach in tackling child abuse problems

The operation of the Child Protective Services Unit in the Social WelfareDepartment

The Child Care Centre (Amendment) Ordinance 1997

The operation of the Police Child Protection Policy Unit established inApril 1997

Other developments

Youth welfare

Preventive services on youth

Age of criminal responsibility

Present position

Review of the Adoption Ordinance

Present position

Marriage and Children (Miscellaneous Amendments^ Ordinance 1997 (dealtwith under Art 23)

ICPROL~1.DOC

12

Article 25 Right to participate in public life

RL & BORO : BL Chapter IV and BL 26, BOR Art 21

Provisional Legislative Council

- HKSAR v Ma Wai Kwan, ENmie (Court of Appeal, 1997)

Executive Council

Functions and structure as set out in Articles 54, 55 and 56 of the BasicLaw

Arrangements for the 1998 Legislative Council election

The arrangements

The Electoral Affairs Commission

Functions and structure

Provisional District Boards, Provisional Regional Council and ProvisionalUrban Council

Present structure, functions and tenure

Review of these two tiers of representative government structure

Government advisory boards and committees

Different categories and numbers

Appointments and transparency measures

Access to Public Service

- BL 99-104 (Section 6, Chapter IV of Basic Law)

The present position of the localisation policy

The Association of Expatriate Civil Servants' (AECS) case

Article 26 Right to equal protection before the law

BL & BORO ; BL 25, BOR Art 22

The Equal Opportunities Commission

ICPROL~1.DOC

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The implementation of the Disability Discrimination Ordinance and theFamily Status Discrimination Ordinance

Protection for disabled persons

Education opportunities

Access and transport

Social security

Legal representation and protection

Protection of people of different sexual orientation and racial minorities

Code of practice and public education

No immediate need for other anti-discrimination legislation

Article 27 Rights of Minorities

BL & BORO : BORArt23

Official Languages Ordinance

- BL9

Implementation

Bilingual legislation

Present position

Biliteracy and trilingualism

Home Affairs Bureau

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