CRC/C/CHN-HKG/2
United Nations / CRC/C/CHN-HKG/2/ Convention on the
Rights of the Child / Distr.: General
25 October 2012
Original: Chinese and English
Committee on the Rights of the Child
Consideration of reports submitted by States parties under article 44 of the Convention
Second periodic reports of States parties due in 2009
Hong Kong, China [(] [((]* [(((]**
[16 July 2010]
Contents
Paragraphs Page
Abbreviations 6
Introduction 1-2 9
I. General profile of Hong Kong Special Administrative Region 3-16 9
A. General political structure 5-10 9
B. General legal framework within which human rights are protected 11-13 10
C. Information and publicity 14-16 11
II. General measures of implementation 17-78 11
A. Concluding observations – follow-up 17-60 11
B. Comprehensive programmes – monitoring 61-70 19
C. Allocation of budgetary and other resources 71 21
D. Statistical data 72 21
E. Factors and difficulties 73-78 22
III. Definition of “the child” 79-90 23
A. Updates and developments 80-89 23
B. Statistical data 90 25
IV. General principles 91-146 25
A. Concluding observations – follow-up 92-125 25
B. Comprehensive programmes – monitoring 126-142 31
C. Allocation of budgetary and other resources 143 34
D. Statistical data 144-145 35
E. Factors and difficulties 146 36
V. Civil rights and freedoms 147-185 36
A. Concluding observations – follow-up 148-151 37
B. Comprehensive programmes - monitoring 152-181 38
C. Statistical data 182-184 44
D. Factors and difficulties 185 44
VI. Family environment and alternative care 186-278 45
A. Concluding observations – follow-up 186-216 45
B. Comprehensive programmes – monitoring 217-270 51
C. Allocation of budgetary and other resources 271 62
D. Statistical data 272-277 63
E. Factors and difficulties 278 65
VII. Basic health and welfare 279-410 66
A. Concluding observations – follow-up 279-352 66
B. Comprehensive programmes – monitoring 353-395 79
C. Allocation of budgetary and other resources 396-398 88
D. Statistical data 399-409 89
E. Factors and difficulties 410 96
VIII. Education, leisure and cultural activities 411-524 96
A. Concluding observations – follow-up 411-437 96
B. Comprehensive programmes – monitoring 438-520 101
C. Allocation of budgetary and other resources 521-522 119
D. Statistical data 523-524 119
IX. Special protection measures 525-655 120
A. Concluding observations – follow-up 525-569 120
B. Comprehensive programmes – monitoring 570-627 129
C. Allocation of budgetary and other resources 628-629 139
D. Statistical data 630-642 140
E. Factors and difficulties 643-655 144
X. Reservations and Declarations 656-661 145
A. Updates and developments 656-661 145
List of tables
1. Children-related expenditure on education in 2003-04 and 2008-09 16
2. Expenditure on medical and health services for children in 2007-08 to 2009-10 21
3. Training provided on the Convention for professionals working with and for children 21
4. Percentages of children under 18 in the total population in 1996, 2001 and 2006-08 25
5. Expenditure on programmes relating to equal opportunities in 2007-08 to 2009-10 35
6. Crude birth and death rates in 1996, 2001 and 2005-08 35
7. Infant mortality ratio in 1996, 2001 and 2005-08 35
8. Maternal mortality ratio in 1996, 2001 and 2005-08 35
9. Fertility rate in 1996, 2001 and 2005-08 35
10. Number of deaths of those under 18 due to various reasons in 2005-08 36
11. Total number of registered births in 2004-08 44
12. Number of public meetings and public processions in 2005-08 44
13. Number of society registration and exemption from society registration in 2005-08 44
14 Provision and utilisation of day child-care services 63
15. Hague Convention child abduction cases processed by the HKSAR Central Authority 64
16. Categories of child abuse cases in 2005-08 64
17. Abuser's relationship with the victim in child abuse cases in 2005-08 65
18. Programme of immunisation 84
19. Coverage rate for different vaccines in 2000-03 85
20. Overview of number of children with disabilities 89
21. Children with disabilities by type of disability 89
22. Centres for children with disabilities aged six or below in 2000 and 2008 91
23. Provision of school places in special schools for children with disabilities 91
24. Students with SEN studying in public sector ordinary schools in 2006-07 to 2008-09 91
25. Proportion newborns with low birth weight in 2004-08 92
26. Percentage of children underweight and stunted at six months, one
year and three years 92
27. Detection rates for wasting and short stature (stunting) among primary school
children in 2005-06 to 2007-08 92
28. Percentage of households without access to hygienic sanitation facilities and
safe drinking water in 2008 93
29. Official estimates on immunisation coverage (for tuberculosis, diphtheria, pertussis,
tetanus, polio and measles) of infants born in 2007 93
30. Number of registered maternal deaths by main cause of death and maternal
mortality ratio in 2004-08 93
31. Proportion of newborns born in hospitals in 2004-08 93
32. Number of factual cases in child and youth suicide cases in 2000-07 94
33. Number of persons aged 15 or below with HIV reported in 2004-08 94
34. Number of female adolescents affected by early pregnancy in 2004-08 95
35. Number of legal abortions for female adolescents in 2004-08 95
36. Accident statistics for school transport vehicles in 2006-08 95
37. Statistics on children receiving CSSA in 2000-08 95
38. Indices of wages, consumer price index (A) and foodstuff in 1999-2008 96
39. Dropout rates in 2005-06 to 2007-08 97
40. Budget for major arts programme in 2008-09 119
41. Gross Enrolment Ratio and Net Enrolment Ratio in pre-primary, primary and
secondary education from 2006-07 to 2008-09 119
42. School attendance rates by age group in 2006 120
43. Pupil-teacher ratio by level, from 2006-07 to 2008-09 120
44. Government expenditure on core anti-drug programmes in 2006-07 to 2008-09 139
45. Number of admissions to the rehabilitation centres programme in 2002-08 140
46. Number of cases where criminal legal aid were granted to persons under 18 in
2002-08 140
47. Number of persons aged between 14 and 17 remanded in CSD’s institutions and
their average length of remand in 2005-08 140
48. Number of institutions specifically for persons under 18 alleged as, accused of,
or recognised as having infringed the penal law 141
49. Number of persons aged between 14 and 17 sentenced by court to undergo correctional
programmes and their average length of detention from 2005-08 141
50. Number of reported cases of abuse and maltreatment of persons under 18 during
their custody under the CSD in 2005-08 141
51. Number of drug abusers aged below 18 reported to CRDA in 2005-08 142
52. Reasons for current drug abuse reported by young drug abusers aged
under 18 in 2008 142
53. Number of admissions to treatment and rehabilitation programmes for drug abusers
under 21 in 2005-08 143
54. Sexual offences against minors in 2005-08 143
List of annexes
I. Declaration and Programme of Action 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
II. Definitions of various forms of disability of students requiring additional support
services
III. Sexual offence provisions that have extra-territorial effect under Schedule 2 of the
Crimes Ordinance (Cap. 200)
IV. Rehabilitation Centres
Abbreviations
AAT Academic Aptitude Test
AHP Adolescent Health Programme
BCG Bacillus of Calmette and Guerin
BIP Batterer Intervention Programme
C&SD Census and Statistics Department
CAIUs Child Abuse Investigation Units
CCDS Comprehensive Child Development Service
CCPSAs Counselling centres for psychotropic substance abusers
CDF Child Development Fund
CMAB Constitutional and Mainland Affairs Bureau
CoP Commission on Poverty
CPCE Committee on the Promotion of Civic Education
CPG Central People's Government
CPPU Child Protection Policy Unit
CPR Child Protection Registry
CRDA Central Registry of Drug Abuse
Crisis Centre Multi-purpose Crisis Intervention and Support Centre
CSD Correctional Services Department
CSSA Comprehensive Social Security Assistance
Customs Customs and Excise Department
DA Disability Allowance
DH Department of Health
DoJ Department of Justice
EDB Education Bureau
EOC Equal Opportunities Commission
ESTP Enhanced Smart Teen Project
FCPSUs Family and Child Protective Services Unit
FCSC Family Crisis Support Centre
FEHD Food and Environmental Hygiene Department
FSP Family Support Programme
GDP Gross Domestic Product
Guide for MDCC Guide to Participants of the Multi-disciplinary Case Conference on Child Abuse
Guide for Handling Procedural Guide for Handling Child Abuse Cases
Child Abuse
HA Hospital Authority
HAB Home Affairs Bureau
HAD Home Affairs Department
HKADC Hong Kong Arts Development Council
HKAPA Hong Kong Academy for Performing Arts
HKJCCT Hong Kong Jockey Club Charities Trust
HKSAR Hong Kong Special Administrative Region
ICCPR International Covenant on Civil and Political Rights
ICERD International Convention on the Elimination of All Forms of Racial Discrimination
ICESCR International Covenant on Economic, Social and Cultural Rights
ICYSCs Integrated Children and Youth Services Centres
ID schools Special schools for children with intellectual disabilities
IFSCs Integrated Family Service Centres
ImmD Immigration Department
ISCs Integrated Services Centres
KCFRS Kindergarten and Child Care Centre Free Remission Scheme
KLAs Key Learning Areas
LCSD Leisure and Cultural Services Department
LegCo Legislative Council
LRC Hong Kong Law Reform Commission
LWB Labour and Welfare Bureau
MCHCs Maternal and Child Health Centres
MDCC Multi-disciplinary case conference on Child Abuse
NGOs Non-governmental organisations
NSS New Senior Secondary
PATHS Positive Adolescent Training through Holistic Social Programmes to Adulthood: A Jockey Club Youth Enhancement Scheme
PEVS Pre-primary Education Voucher Scheme
PRC People's Republic of China
Previous Concluding The Committee's Concluding Observations of
Observations 24 November 2005 (CRC/C/CHN/CO/2)
PSDS Police Superintendents' Discretion Scheme
RDO Race Discrimination Ordinance
RRU Race Relations Unit
RTHK Radio Television Hong Kong
SB Security Bureau
SEN Special educational needs
SHSCs Student Health Service Centres
SSA Social Security Allowance
SSAIP Social Security Assistance Index of Prices
SSRC Special School cum Resource Centres
SSVs Student service vehicles
SWD Social Welfare Department
TFP Task Force on Poverty
The Committee Committee on the Rights of the Child
The Convention United Nations Convention on the Rights of the Child
The Hague Convention 1993 Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption
The Initial Report Initial Report of the HKSAR submitted in June 2003
The Permit Permit for Proceeding to Hong Kong and Macao
The Police Hong Kong Police Force
The Report Second report of the HKSAR under the Convention
UAP Understanding Adolescent Project
VTC Vocational Training Council
WHO World Health Organization
WKCD West Kowloon Cultural District
WSA Whole School Approach
Introduction
1. This report (the Report) is the second periodic report of the Hong Kong Special Administrative Region (HKSAR) of the People’s Republic of China (PRC), under the United Nations Convention on the Rights of the Child (the Convention). It forms part of the third and fourth periodic report of China under the Convention. It updates the Committee on the Rights of the Child (the Committee) on developments since the submission of the Initial Report of the HKSAR (which formed part of China’s second report) submitted in June 2003 (the Initial Report), and the Committee’s hearing thereof at its 1062nd to 1065th meetings held on 19 and 20 September 2005, and also responds to the Committee’s Concluding Observations of 24 November 2005 (CRC/C/CHN/CO/2) (previous Concluding Observations).
2. In preparing the Report, we have sought to adhere to the requirements as prescribed in the Committee’s guidelines (CRC/C/58/Rev.1, Nov. 2005). In particular, as the Initial Report already contained detailed information on the laws, policies and practices that are in place to ensure Hong Kong’s compliance with the Convention and many of them have remained unchanged, or changed very little, wehave not repeated descriptions or explanations of such in this Report.
I. General profile of Hong Kong Special Administrative Region
3. In accordance with Article 44, paragraph 3, of the Convention, save for the developments as set out below, basic information previously provided under the “general profile” of the Initial Report will not be repeated in this Report.
4. Statistical information on land and people of the HKSAR as well as information and publicity measures will be updated in the relevant chapters of the Report. Updates in respect of the general political structure, the general legal framework within which human right rights are protected as well as information and publicity on human rights treaties during the reporting period are set out in the following paragraphs.
A. General political structure
System of government
Chief executive
5. In accordance with the Basic Law, the Chief Executive of the HKSAR shall be elected by a broadly representative Election Committee and appointed by the Central People’s Government (CPG). The Election Committee shall be composed of 800 members from various sectors of the community. The most recent election for the third term of the Chief Executive, whose term of office commenced on 1 July 2007, took place on 25March2007.
Executive councils
6. Membership of the Executive Council comprises the 15Principal Officials appointed under the Political Appointment System, and 14 non-official members.
Legislative council
7. Further to paragraph 11 of Part I of the Initial Report, the election of the fourth term of the Legislative Council (LegCo) (2008-12) was held on 7 September 2008. As in the third term, the HKSAR is divided into five geographical constituencies, each of which has four to eight seats. A total of 30 seats are returned by geographical constituencies through direct elections. Another 30 seats are returned from 28 functional constituencies, each of which represents an economic, social, or professional group which is substantial and important to the HKSAR. The fourth term of the LegCo assumed office on 1October2008.
District councils
8. Pursuant to the initiative to enhance the role and functions of the District Council, the 18 District Councils have been strengthened to advise the Government on all matters relating to the well-being of residents in the districts and to promote community building through carrying out various community involvement programmes including recreational and cultural projects, and undertaking environmental improvement projects within the districts. For the third term District Councils (2008-11), the HKSAR is divided into 405 constituencies, each returning one elected member. In addition, there are 102 appointed members and 27 ex-officio members.