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
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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
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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
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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
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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)
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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
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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
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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
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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
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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)
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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
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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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