Second Report of HKSAR Under the Convention on the Rights of the Child
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Combined Third and Fourth Reports of the People’s Republic of China under the Convention on the Rights of the Child – Part Two: Hong Kong Special Administrative Region Second Report of the Hong Kong Special Administrative Region under the Convention on the Rights of the Child Content Second report of the Hong Kong Special Administrative Region under the Convention on the Rights of the Child Paragraph Introduction Part I General Profile of the Hong Kong Special Administrative Region General political structure 3 General legal framework within which 10 human rights are protected Information and publicity 13 Part II Implementation of the Convention in the Hong Kong Special Administrative Region Chapter I General measures of implementation A. Concluding observations – follow up Article 4 – Implementation of rights 17 Articles 42 and 44 – Dissemination of 50 the Convention and reporting B. Comprehensive programmes – 61 monitoring C. Allocation of budgetary and other 71 resources D. Statistical data 72 E. Factors and difficulties 73 Chapter II Definition of “the child” A. Updates and developments 80 B. Statistical data 90 - i - Paragraph Chapter III General principles A. Concluding observations – follow up Article 2 – Non-discrimination 92 Article 3 – Best interests of the child 105 Article 12 – Respect for views of the 111 child B. Comprehensive programmes – monitoring Article 2 – Non-discrimination 126 Article 6 – Right to life, survival and 135 development C. Allocation of budgetary and other 143 resources D. Statistical data Article 6 – Right to life, survival and 144 development Article 12 – Respect for views of the 145 child E. Factors and difficulties 146 Chapter IV Civil rights and freedoms A. Concluding observations – follow up Article 37(a) – The right not to be 148 subjected to torture or other cruel, inhuman or degrading treatment or punishment, including corporal punishment B. Comprehensive programmes - monitoring Articles 7 and 8 – Name and 152 nationality and preservation of identity Article 13 – Freedom of expression 154 - ii - Paragraph Article 14 – Freedom of thought, 155 conscience and religion Article 15 – Freedom of association 159 and of peaceful assembly Article 16 – Protection of privacy 160 Article 17 – Access to appropriate 163 information Article 37(a) – The right not to be 179 subjected to torture or other cruel, inhuman or degrading treatment or punishment, including corporal punishment C. Statistical data 182 D. Factors and difficulties 185 Chapter V Family environment and alternative care A. Concluding observations – follow-up Article 10 – Family unification 186 Article 21 – Adoption 188 Article 19 – Abuse and neglect 189 B. Comprehensive programmes – monitoring Articles 5, 18(1) and 18(2) – Parental 217 guidance and parental responsibilities Article 9 – Separation from parents 237 Article 10 – Family reunification 246 Article 27(4) – Recovery of 253 maintenance for the child Article 20 – Protection of children 256 deprived of a family environment Article 21 – Adoption 258 - iii - Paragraph Article 11 – Illicit transfer and 266 non-return Article 25 – Periodic review of 269 placement C. Allocation of budgetary and other 271 resources D. Statistical data Articles 5, 18(1) and 18(2) – Family 272 support Article 10 – Family reunification 275 Article 11 – Illicit transfer and 276 non-return Articles 19 and 39 – Abuse and 277 neglect, including physical and psychological recovery and social reintegration E. Factors and difficulties 278 Chapter VI Basic health and welfare A. Concluding observations – follow-up Article 24 – Health and health 279 services Article 27(1) and (3) – Standard of 328 living B. Comprehensive programmes – monitoring Article 6(2) – Survival and 353 development Article 23 – Children with disabilities 363 Article 24 – Health and health 374 services Article 26 and 18(3) – Social security 390 and childcare services and facilities - iv - Paragraph Article 27(1) to (3) – Standard of 391 living C. Allocation of budgetary and other 396 resources D. Statistical data Article 23 – Children with disabilities 399 Article 24 – Health and health 402 services Article 26 – Social security 408 Article 27 – Standard of living 409 E. Factors and difficulties 410 Chapter VII Education, leisure and cultural activities A. Concluding observations – follow-up Article 28 – Education, including 411 vocational training and guidance B. Comprehensive programmes – monitoring Article 28 – Education, including 438 vocational training and guidance Article 29 – Aims of education 494 Article 31 – Leisure, recreation and 502 cultural activities C. Allocation of budgetary and other 521 resources D. Statistical data 523 Chapter VIII Special protection measures A. Concluding observations – follow-up Article 22 – Refugee children 525 - v - Paragraph Articles 34 to 36 – Exploitation 526 (including sexual exploitation and sexual abuse; and sale, trafficking and abduction) Articles 40 and 37(a) – The 542 administration of juvenile justice and the sentencing of juveniles Article 37(b) to (d) – Children 558 deprived of their liberty B. Comprehensive programmes – monitoring (a) Children in situations of emergency – Articles 22, 38 and 39 Article 22 – Refugee children 570 Articles 38 and 39 – Children in 573 armed conflicts; and physical and psychological recovery and social reintegration of such children (b) Children in conflict with the law – Articles 37, 39 and 40 Articles 37(b) to (d) and 40 – 575 Children deprived of their liberty and the administration of juvenile justice Article 39 – Physical and 586 psychological recovery and social reintegration (c) Children in situations of exploitation, including physical and psychological recovery and social reintegration – Articles 32 to 36 and 39 Article 32 – Economic exploitation, 590 including child labour Article 33 – Drug abuse 595 - vi - Paragraph Article 34 – Sexual exploitation and 622 sexual abuse Article 39 – Physical and 625 psychological recovery and social integration (d) Children belonging to minority or 626 indigenous groups – Article 30 C. Allocation of budgetary and other resources Article 33 – Drug abuse 628 D. Statistical data Article 22 – Refugee children 630 Article 40 – The administration of 631 juvenile justice Article 37(b) to (d) – Children 633 deprived of their liberty Article 32 – Economic exploitation, 635 including child labour Article 33 – Drug abuse 636 Article 34 – Sexual exploitation and 640 sexual abuse E. Factors and difficulties 643 Chapter IX Reservations and Declarations A. Updates and developments 656 - vii - Paragraph Annexes referred to 1 Declaration and Programme of Action 104 adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance: Subject areas relevant to the Convention under the Programme of Action – Position of the HKSAR 2 Definitions of various forms of disability of 455 students requiring additional support services 3 Sexual offence provisions that have 536 extra-territorial effect under Schedule 2 of the Crimes Ordinance (Cap. 200) 4 Rehabilitation Centres 588 Tables Page 1 Children-related expenditure on education 14 in 2003-04 and 2008-09 2 Expenditure on medical and health services 23 for children in 2007-08 to 2009-10 3 Training provided on the Convention for 24 professionals working with and for children 4 The percentages of children under 18 in the 30 total population in 1996, 2001 and 2006-08 5 Expenditure on programmes relating to 48 equal opportunities in 2007-08 to 2009-10 6 Crude birth and death rates in 1996, 2001 48 and 2005-08 7 Infant mortality ratio in 1996, 2001 and 49 2005-08 - viii - Tables Page 8 Maternal mortality ratio in 1996, 2001 and 49 2005-08 9 Fertility rate in 1996, 2001 and 2005-08 49 10 Number of death of those under 18 due to 49 various reasons in 2005-08 11 Total number of registered births in 2004-08 63 12 Number of public meetings and public 64 processions in 2005-08 13 Number of society registration and 64 exemption from society registration in 2005-08 14 Provision and utilisation of day child care 98 service 15 Hague Convention child abduction cases 99 processed by the HKSAR Central Authority 16 Categories of child abuse case in 2005-08 100 17 Abuser's relationship with the victims in 100 child abuse cases in 2005-08 18 Programme of immunisation 135 19 Coverage rate for different vaccines in 136 2000-03 20 Overview of number of children with 143 disabilities 21 Children with disabilities by type of 143 disability 22 Places on children with disabilities aged six 145 or below in 2000 and 2008 23 Provision of school places in special schools 145 for children with disabilities 24 Students with SEN studying in public sector 146 ordinary schools in 2006-07 to 2008-09 - ix - Tables Page 25 Proportion newborns with low birth weight 146 in 2004-08 26 Percentage of children underweight and 147 stunting at the ages of six months, one year and three years 27 Detection rates for wasting and short stature 147 (stunting) among primary school children in 2005-06 to 2007-08 28 Percentage of households without access to 147 hygienic sanitation facilities and access to safe drinking water in 2008 29 Official estimates on immunisation 148 coverage (for tuberculosis, diphtheria, pertussis, tetanus, polio and measles) of infants born in 2007 30 Number of registered maternal deaths by 148 main cause of death and maternal mortality ratio in 2004-08 31 Proportion of newborns born in hospitals in 149 2004-08 32 Number of factual cases in child and youth 149 suicide