Hong Kong Human Rights Monitor

香港人權監察

HONG KONG HUMAN RIGHTS MONITOR

香港上環文咸西街44-46號南北行商業中心602室

Room 602, Bonham Commercial Centre, 44-46 Bonham Strand West, Sheung Wan.

電話Phone: (852) 2811-4488 傳真Fax: (852) 2802-6012

Proposed List of issues with the consideration of the initial report of Hong Kong Special Administration Region (HKSAR) (CRPD/C/CHN-HKG/1)

August 2011

General Provision (Article 1 to 4)

Please provide information on the portfolio of Labour and Welfare Bureau and Constitutional and Mainland Affairs Bureau. Implementation of CRPD in Hong Kong is under the portfolio of Labour and Welfare Bureau, does it represent that HKSAR Government treat the rights of persons with disabilities as welfare rather than human rights?

Please provide information on how and when the long-term and short-term goals for the development of rehabilitation services in HKSAR set out in the latest version of the Hong Kong Rehabilitation Programme Plan can be achieved.

Please provide information on the definition of disability under different approach in HKSAR. Does the HKSAR Government mainly interpret disability mainly from a biological or medical approach? What kind of local circumstances would affect the HKSAR Government’s decision to implement International Classification of Functioning, Disability and Health in HKSAR?

Please provide information on the effects on human rights protection due to the lack of a statutory human rights commission. How the “extensive institutional framework of organizations” can take over the role of statutory human rights commission to promote and safeguard different human rights?

Equality and non-discrimination (Article 5)

Please provide information on whether the HKSAR Government would initiate the amendments on Disability Discrimination Ordinance, especially according to the proposal of Equal Opportunities Commission in 1999 and the views?

Women with disabilities (Article 6)

Please provide information on the effectiveness of gender mainstreaming, especially for women with disabilities in HKSAR. Also please explain if the HKSAR Government provides additional concerns and measures to promote the rights of women with disabilities.

Children (Article 7)

Please explain the HKSAR Government’s position on establishing a Children Commission. How the principle of “best interest of child” is applied on different policies and measures of the HKSAR Government implemented on children with disabilities?

Awareness-raising (Article 8)

Please provide information on the effectiveness of various measures, programmes and activities on public education on the rights of persons with disabilities.

Please provide detailed information on the new curriculum of Liberal Studies for senior secondary students. How the issue on the rights of persons with disabilities is included in the new curriculum?

Accessibilities (Article 9)

Please explain why the Building Ordinance and its Building (Planning) Regulations as well as Design Manual: Barrier-free Access 1997 and 2008 are not applicable to premises under the management of the Government or the Housing Authority. How does such exemption affect premises under the management of the Government or the Housing Authority on providing barrier free access to persons with disabilities, given that the Equal Opportunities Commission found that some publicly accessible premises owned or managed by the Housing Authority or various Government departments built after 1997 fail to provide all key access facilities in full compliance with Design Manual: Barrier-free Access 1997. Also please provide information on how does the Government facilitate the buildings built before 1997 to provide barrier-free access facilities.

Please provide data on violation of the Building Ordinance and its Building (Planning) Regulations regarding on provision of barrier-free access facilities. Please provide information on the details of the law enforcement work on provision of barrier-free access facilities.

Please provide details of actions which the HKSAR Government has done to urge for the provision of better barrier-free access facilities and fare concession to persons with disabilities from the public transport. Please also provide what measures the HKSAR Government, as the main owner of Mass Transit Railway and the one to grant for franchise to most of public transport in HKSAR, would plan to implement to urge for better barrier-free access facilities and fare concession?

Right to life (Article 10)

Please explain how the proposed Medical Priority Dispatch System could facilitate the needs of some persons with disabilities who cannot fully speak in Chinese and English for emergency services?

Equal recognition before the law (Article 12)

Please explain how the recommendations on relaxing the financial eligibility limits of legal aid applicants can facilitate persons with disabilities to enjoy legal aid services, given the high legal cost in HKSAR and the financial capacity of persons with disabilities.

Freedom from exploitation, violence and abuse (Article 16)

Please provide data about violence against women with disabilities. Please also provide information on the training of law enforcement officers on handling violence against women with disabilities, and the effectiveness of the measures taken to assist victims of violence against women with disabilities.

Protecting the integrity of the person (Article 17)

Please provide information on the mechanism of detention order of a mental illness person under the Mental Health Ordinance. Please also explain how the existing mechanism can ensure that such detention order is only made to necessary mental health patients.

Living Independently and Being Included in the Community (Article 19)

Please provide information on the adequacy of the community care and support services provided by the Social Welfare Department. Please explain if the HKSAR has planning on increasing the number of community care and support services provided.

Please explain measures taken by the HKSAR Government to lessen the burden of the family carers of persons with disabilities?

Please provide information on a comprehensive plan and timetable to enhance the Case Management Programme for mentally ill persons. Please also provide the plan of the HKSAR Government on how and when the Government can implement the Integrated Community Care for Mental Wellness in all 18 districts in HKSAR.

Please provide detailed information on the Residential Care Homes (Persons with Disabilities) Ordinance which was passed in June 2011. Please explain if the HKSAR Government will amend the Residential Care Homes (Persons with Disabilities) Regulations to enhance the requirements for barrier-free access. Please also explain if the HKSAR Government will help to locate the persons with disabilities to qualified private residential care homes.

Freedom of expression and opinion, and access (Article 21)

Please provide information on the training and registration of sign language interpreters. How many registered sign language interpreters in HKSAR? Please explain if the HKSAR Government plans to enhance such training. Please also explain if the HKSAR Government would provide resources for sign language interpretation for the programmes of Radio Television Hong Kong, and make it as a requirement for the local TV broadcasters to during the renewal of their licences.

Education (Article 24)

Please provide information on quantity and quality of the early identification of persons with disabilities. Please provide information on how the Government would enhance the early identification services, including the training of medical officers to improve its quality and shorten its waiting time, and the extension of Comprehensive Child Development Service to cover all the 18 districts in HKSAR. Please also explain if the HKSAR Government to combine cases handled by the Education Bureau and Department of Health.

Please provide information on the support of inclusive education for students with disabilities to study in mainstream schools. Please explain how the HKSAR Government support schools which have students with different kinds of disabilities. Please also explain how the HKSAR Government’s target that in 5 years, at least 10% if teachers in each ordinary school will have received special education training.
Please clarify the policy of Education Bureau that only students with severe or multiple disabilities will be placed into special schools, and explain the situation that quite a number of special schools are facing school banning due to falling enrolment.

Health (Article 25)

Please explain if the medical support to persons with disabilities who do not receive Comprehensive Social Security Scheme is adequate for them to cover their medical consultation fee. Please provide information if the HKSAR Government will amend the Drug Formulary to subsidize some more effective, but more expensive medicines for persons with disabilities including chronic diseases and mental health patients.

Please explain how the proposal of Healthcare Reform would be beneficial to persons with disabilities, especially that they are not necessary to wait for a long time to enjoy high quality medical services.

Please provide information if the Government will take any measures to enhance the quality of general public medical services. Please also provide information on training of medical staff, especially psychiatric staff to enhance the quality of medical services and shorten the waiting time of patients including persons with disabilities.

Work and employment (Article 27)

Please provide information on the provision of vocational rehabilitation and training services to the persons with disabilities, especially the quantity, area and the effectiveness of the services. Please also explain if the Government considers implementing any policies to encourage employers to hire persons with disabilities.

Please provide information on the implementation of the Minimum Wage Ordinance (Cap. 608), especially the productivity assessment of persons with disabilities. Please explain if the Government would review on the effectiveness of such assessment and amend the law. Please also provide reasons to justify the amendment of Disability Discrimination Ordinance on the exemption of dismissal due to the outcome of the productivity assessment.

Adequate standard of living and social protection (Article 28)

Please explain why the Disability Allowance is provided to a person with a 100% loss of earning capacity certified by a public medical officer, and not taking into account the non-medical assessment and other actual circumstances.

Please provide information on the amount of Comprehensive Social Security Scheme provided to persons with disabilities, and evaluate if it is adequate to cover the daily expenses of persons with disabilities given the high cost of living standard in HKSAR. Please also explain if the HKSAR will consider relaxing the application of Comprehensive Social Security Scheme to an individual basis.

Participation in Political and Public life (Article 29)

Please provide information on the progress of finding polling stations which are accessible to persons with disabilities. Could the HKSAR Government promise that in the District Council election in November 2011, all polling stations are accessible to persons with disabilities? If not, please explain what further measures the HKSAR Government will take to facilitate persons with disabilities to cast their vote?

Participation in cultural life, recreation, leisure and sport (Article 30)

Please explain if the HKSAR Government will consider providing persistent funding to support development of persons with disabilities in artistic and cultural activities. Please also provide information on the support from the HKSAR Government on elite disabled artists.

Please provide information to justify the huge difference of support grant and awards between elite athletes with and without disabilities.

National implementation and monitoring (Article 33)

Please provide information on the functions and powers of the Commissioner for Rehabilitation. Please explain if the HKSAR Government would set the post of the Commissioner for Rehabilitation at a higher rank.

Please explain if the HKSAR Government would reform the mechanism to appointment of members of the Equal Opportunities Commission to involve public participation. Please also explain if adequate resources have been allocated to the Equal Opportunities Commission.