Third Report of the Hong Kong Special Administrative Region of the People’s Republic of China in the light of the International Covenant on Civil and Political Rights CONTENT Third Report of the Hong Kong Special Administrative Region of the People’s Republic of China in the light of the International Covenant on Civil and Political Rights Paragraph Preamble 1 Article 1 Progress and development of 1.1 democracy Universal suffrage for the Chief 1.24 Executive and the LegCo Implementation of “One Country, Two 1.38 Systems” and the Independence of the Judiciary Article 2 Ensuring to all individuals the rights recognised in the Covenant Human rights institution 2.1 The Equal Opportunities Commission 2.5 The Ombudsman 2.9 Complaints against the Police 2.11 Human rights education 2.15 Article 3 Equal rights of men and women Equal pay for work of equal value 3.1 Advisory and statutory bodies 3.2 Women in public office 3.3 Convention on the Elimination of All 3.5 Forms of Discrimination against Women Women’s Commission 3.6 The Small House Policy 3.8 Article 4 Public emergencies 4.1 i Paragraph Article 5 Prohibition on the destruction of 5.1 any rights and freedoms recognised in the Covenant Article 6 The Right to life Deaths in Police custody 6.1 Deaths in custody of the Correctional 6.3 Services Department Deaths in custody of the Customs and 6.5 Excise Department Deaths in custody of the Immigration 6.6 Department Deaths in custody of the Independent 6.7 Commission Against Corruption Child Fatality 6.8 Article 7 No torture or inhuman treatment 7.1 and no experimentation without consent Instances of the alleged use of torture 7.2 Training of disciplined forces and 7.3 ICAC Persons facing deportation 7.8 Article 8 No slavery or servitude; no forced or compulsory labour General 8.1 Protection of foreign domestic helpers 8.2 Minimum Allowable Wage and 8.7 Employees Retraining Levy on employers Protection against trafficking of 8.8 women and children Article 9 Liberty and security of person 9.1 ii Paragraph Law Reform Commission (LRC) 9.2 Report on Arrest Immigration detention in respect of 9.3 foreign illegal migrants Vietnamese refugees and ex-China 9.5 Vietnamese migrants Article 10 Right of persons deprived of their liberty The rights of prisoners 10.1 Regulation and management of penal 10.14 establishments Rehabilitation of offenders 10.19 Rehabilitation of juvenile offenders 10.25 Young offenders detained at Executive 10.26 discretion Assistance for Hong Kong residents 10.27 detained in the Mainland of China Article 11 No imprisonment for non-fulfilment 11.1 of contract Article 12 Liberty of movement Legal protection 12.1 Travel documents for permanent 12.2 residents and non-permanent residents Lawful entry into Hong Kong 12.6 Assistance for Hong Kong residents in 12.10 distress outside Hong Kong Residence requirements under social 12.12 security schemes Article 13 Restrictions on expulsion from Hong Kong Legal position 13.1 iii Paragraph Deportation 13.2 Removal 13.3 Immigration Tribunal 13.4 Article 14 Equality before courts and right to fair and public hearing Civil Justice Reform 14.1 Right of access to the legal system 14.9 Legal representation for children 14.14 Article 15 No retrospective criminal offences 15.1 or penalties Article 16 Right to recognition as person 16.1 before law Article 17 Protection of privacy, family, home, correspondence, honour and reputation Interception of Communications and 17.1 Surveillance Ordinance Protection of privacy 17.6 Article 18 Freedom of thought, conscience and 18.1 religion Article 19 Freedom of opinion and expression 19.1 Press freedom 19.2 The offences of treason and sedition 19.3 Prevention and protection against 19.4 intimidation and harassment of legislators and media personnel Freedom of expression 19.6 Regulation and licensing of the 19.12 broadcast media Radio Television Hong Kong 19.18 iv Paragraph Film classification system 19.22 Appeals against the decision of the 19.23 Film Censorship Authority and the censors Regulation of obscene and indecent 19.24 articles Access to Government information 19.25 United Nations (Anti-Terrorism 19.29 Measures) Ordinance (Cap. 575) Management of libraries and museums 19.34 Article 20 Prohibition on propaganda for war 20.1 Article 21 Right of peaceful assembly 21.1 The operation of the Public Order 21.2 Ordinance The confiscation of exhibits under 21.7 public entertainment laws Stalls for fund raising / collecting 21.8 signatures during possessions Public meetings outside Central 21.10 Government Offices Article 22 Freedom of association Societies Ordinance 22.1 Regulation of trade union activities 22.2 Organisations for the promotion of 22.4 human rights Article 23 The family – a vital component of 23.1 society Family welfare services 23.2 Split families 23.11 Families on asylum or torture claims 23.19 Amendments to the Matrimonial 23.22 Causes Rules v Paragraph New arrivals from the Mainland of 23.23 China Right of marriage of transgender 23.25 persons Article 24 Rights of children Convention on the Rights of the Child 24.1 Promotion of the rights of the child 24.2 Services for the child 24.8 Child abuse and domestic violence 24.16 Corporal punishment 24.26 Review and amendment of the 24.30 Adoption Ordinance Representation of children in care or 24.31 protection cases Proposals on “sexual offences records 24.32 check” Article 25 Right to participate in public life Constitutional development 25.1 Election of the Chief Executive 25.10 Legislative Council elections 25.15 The 2007 District Council election 25.22 Role and Functions of District 25.24 Councils Rural elections 25.28 Government advisory and statutory 23.36 bodies Article 26 Right to equal protection before the law Legislation against racial 26.1 discrimination Discrimination on the ground of age 26.10 and sexual orientation Disability discrimination 26.13 vi Paragraph Discrimination against rehabilitated 26.17 persons Article 27 Right of ethnic minorities Administrative guidelines and support 27.1 services for ethnic minorities Access to public sector employment 27.10 Education for non-Chinese speaking 27.13 students Annex Non-governmental Organisations with an active interest in human rights issues vii List of abbreviations ASBs Advisory and statutory bodies C&ED Customs and Exercise Department CAPO Complaints Against Police Office CCTV Closed-circuit television CDF Child Development Fund CEDAW The Convention on the Elimination of All Forms of Discrimination against Women CoE Certificate of Entitlement CoP Commission on Poverty CPCE Committee on the Promotion of Civic Education CPG The Central People’s Government CRC The Convention on the Rights of the Child CSD Correctional Services Department CSSA Comprehensive Social Security Assistance DC District Council EDB Education Bureau Election Committee Election Committee for electing the Chief Executive EOC Equal Opportunities Commission FCPSUs Family and Child Protective Services Units FCs Functional constituencies FDHs Foreign domestic helpers FEHD Food and Environmental Hygiene Department GCE General Certificate of Education GCs Geographical constituencies GCSE General Certificate of Secondary Education HAD Home Affairs Department viii List of abbreviations HKBORO Hong Kong Bill of Rights Ordinance HKSAR The Hong Kong Special Administrative Region of the People’s Republic of China ICAC Independent Commission Against Corruption ICESCR The International Covenant on Economic, Social and Cultural Rights IFSC Integrated Family Service Centre IGCSE International General Certificate of Secondary Education IPCC Independent Police Complaints Council ISS International Social Service Hong Kong Branch LAD Legal Aid Department LASC Legal Aid Services Council LEAs Law enforcement agencies LegCo Legislative Council LRC Law Reform Commission MIPs Mentally incapacitated persons NCS Non-Chinese speaking NGOs Non-governmental organisations NPCSC Standing Committee of the National People’s Congress of the People’s Republic of China NSS Curriculum New Senior Secondary Curriculum PCPD Office of the Privacy Commissioner for Personal Data PDPO Personal Data (Privacy) Ordinance Previous Concluding The Committee’s Concluding Observations Observations of 21 April 2006 PRH Public rental housing ix List of abbreviations RDO Race Discrimination Ordinance RTHK Radio Television Hong Kong SSA Social Security Allowance SWD Social Welfare Department TFP Task Force on Poverty The Basic Law The Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China The Committee The Human Rights Committee The Court of Appeal The Court of Appeal of the High Court The Covenant The International Covenant on Civil and Political Rights The initial report The initial report of the HKSAR submitted in 1999 The previous report The second report of the HKSAR submitted in January 2005 The Report The third report of the HKSAR in the light of the Covenant The NPCSC decision The “Decision on Issues Relating to the Methods for Selecting the Chief Executive of the Hong Kong Special Administrative Region and for Forming the Legislative Council of the Hong Kong Special Administrative Region in the Year 2012 and on Issues Relating to Universal Suffrage” The UNATMO United Nations (Anti-Terrorism Measures) Ordinance UNCRPD The United Nations Convention on Rights of Persons with Disabilities WoC Women’s Commission x Third Report of the Hong Kong Special Administrative Region of the People’s Republic of China in the light of the International Covenant on Civil and Political Rights Preamble This report (the Report) is the third report of the Hong Kong Special Administrative Region of the People’s Republic of China (HKSAR), in the light of the International Covenant on Civil and Political Rights (the Covenant). It updates the Human Rights Committee (the Committee) on developments since the submission of the second report of the HKSAR (the previous report) in January 2005.