I.General measures of implementation (Articles 4, 42 and 44)
AArticle 4: Implementation of rights
Review of the Adoption Ordinance (Chapter 290)
This is addressed in paragraph 206 below, under section VG in relation to Article 21 of the Convention.
Minimum age of criminal responsibility
2.This is discussed in paragraphs 410 to 412 below under section VIIIC, in relation to Article 40 of the Convention.
Child Policy
3.In paragraph 20 of its concluding observations on the previous report[1], the Committee suggested that legislation and policy-making should take account of a holistic and comprehensive approach to implementing the Convention. It recommended that an independent mechanism be introduced to monitor the implementation of policy on the rights of the child. Several Hong Kong commentators have added their voices to these recommendations, calling on the Government to establish a Child Commission to put them into effect.
4.In paragraph 10 of our updating report[2], we expressed the view, having carefully examined these proposals, we considered that they were not necessary either to give effect to the Convention or as a practical response to its requirements. In this context, the Committee also recommended that in formulating policy proposals there should be "an accompanying assessment of [their] impact on children" as they affected the rights of the child. We took the view that no new arrangements were necessary for this purpose. This was because the Convention covered various areas of government that were the responsibility of several different policy branches (now bureaux). Those branches were assisted by boards and committees and non-governmental organisations ("NGOs") in planning and decision-making. Where a particular area overlapped the responsibilities of more than one branch there were arrangements for co-ordination between branches.
5.The updating report went on to say that the concepts of child protection and the "best interests of the child" were necessary considerations in all relevant decision-making in Hong Kong, whether respecting legislative proposals or policies, and were taken into account as a matter of course. Specific laws dealt with different aspects of the Convention. The impact of legislation and the execution of policies was monitored by the Legislative Council, the Ombudsman and the press as well as by being reviewed by the policy branches concerned. These arrangements allowed for flexibility and a swift response to changing circumstances and to the concerns of the public, and we saw no advantage in replacing them with some unified administrative system, a single children's ordinance, or a single monitoring system[3].
6.The position in paragraphs 4 and 5 remains valid and there have been no new developments that indicate a need for a change of approach. But our minds are open and we are prepared to reconsider our position, should changing circumstances so warrant.
7.In paragraph 21 of its concluding observations, the Committee encouraged efforts to involve civil society and non-governmental organisations more closely in the monitoring and implementation of the Convention, including with respect to the development of a comprehensive strategy for children in Hong Kong.
8.In paragraph 13 of the updating report, we said that we had long established and good working relationships with NGOs. NGOs were closely involved in the making of policies relating to the Convention by giving advice through boards and committees composed of representatives of NGOs and Government officials, and through direct communication with branches (now bureaux) and departments. They had offered their views on the drafting of reports, including the Initial Report, assisted in the dissemination of the Convention and scrutinised Government’s actions in giving effect to the Convention. NGOs themselves also took part in implementing the Convention, for example by providing counselling and care services for youths, abused children and split families.
9.That position remains essentially the same, though our relations with the NGOs have continued to develop and interface between them and the Government has become even closer. An example of that relationship was the Child Ambassadors Scheme, explained in paragraph 12 below. NGOs were consulted in the drafting of this report, which summarises and responds to their views.
10.In paragraph 22 of its concluding observations, the Committee suggested a review of the effectiveness of the present system of co-ordinating policies and programmes, especially as regards child abuse. In paragraphs 11 and 12 of the updating report, we explained that, where there was an overlapping of areas of responsibilities of policy branches (now bureaux), there were arrangements for co-ordination. The 'lead' branch would, as a matter of course, co-opt other branches or departments in considering and dealing with the issues. Co-operation at the highest level of the Administration was provided by the Chief Secretary’s Committee Policy Groups, which comprised the most senior representatives of the relevant branches. The Home Affairs Branch (which was - and, as the Home Affairs Bureau, remains - responsible for drafting reports under the Convention) acted as a bridge between Government, the Legislative Council and the public. Where necessary it sought advice from the Government’s experts on human rights and international law to ensure compliance with the Convention. For these reasons, we considered that the existing arrangements for institutional co-operation adequately served Hong Kong’s needs. That remains our view, as the mechanisms described in the updating report have not changed.
BArticle 42: Dissemination of the Convention
Measures to publicise the principles and provisions of the Convention
11.Several commentators have said that the Government, schools and NGOs should join together to promote children’s rights in expression and participation. We endorse these views and have taken active steps - described in the paragraphs that follow - to put them into effect.
The Child Ambassadors Scheme
12.The year 2000 marked the tenth anniversary of the Convention's entering into effect. To commemorate the occasion we launched a poster campaign to draw public attention to the Convention and issued a commemorative envelope specifically marking the anniversary. But the key initiative was the 'Child Ambassadors Scheme'. Its purpose was to draw attention to the Convention by capturing the public's imagination and interest. It was jointly organised by Against Child Abuse, the Hong Kong Committee on Children’s Rights and the Hong Kong Committee for UNICEF. These are Hong Kong's leading organisations for children's rights. Finance for the project was jointly provided by Cathay Pacific Airways and the Government, so harnessing the talents and resources of the charitable, commercial and public sectors. Twenty 'ambassadors' were selected in open competition. Ten went to Geneva where they met members of the Committee, to whom we are most grateful. The remaining ten will undertake a Convention-related mission in the Asian region in 2002. But their main task will be to actively promote public awareness of the Convention - and of the rights that it secures for their fellow children - in Hong Kong itself.
Media campaigns
13.Television advertisements (known in Hong Kong as an 'Announcements in the Public Interest' or 'APIs') are probably the most powerful of publicity tools and we use them to that effect in the course of our public education campaigns in relation to human rights. Currently, we are running an animated API that we commissioned in 1996, when it won an industry award. But because the impact of any kind of advertisement tends to diminish over time, we periodically need to replace them with fresh material. With that in mind, we are working with the Child Ambassadors and the 'child-focused' NGOs to create a new API. Together, we are exchanging ideas with a view to launching the new API in 2002.
Human rights education
14.In paragraph 23 of its concluding observations, the Committee suggested that consideration be given to taking further measures to inform the general public about the Convention on the Rights of the Child and to incorporate education about human rights and children's rights in training programmes for professionals. The Committee encouraged the incorporation of questions on the awareness and understanding of the public of the Convention and its principles and provisions in future civic awareness surveys.
15.As explained in paragraphs 17 and 18 of the updating report, we have used several channels (the media, schools, public education, publicity campaigns and NGOs), to stimulate public awareness of children’s rights. The Education Department has included human rights topics in the curricula of individual school subjects and in the guidelines on civic education. The Committee on Promotion of Civic Education (CPCE) contributes with publications, APIs on television, seminars and roving exhibitions. Paragraphs 17 and 18 (and the related Appendix) listed some of the numerous initiatives that we had taken in this regard. Those initiatives have continued: the key ones are described in paragraphs 9, 12 and 13 above. Details of other initiatives to promote human rights are at Annex 3.
Briefing sessions for social workers and other frontline staff
16.The Social Welfare Department has introduced measures to ensure that social work professionals are familiar with the Convention. Details are at Annex 4.
CArticle 44: Making the report available
17.The Central People’s Government of the People’s Republic of China is responsible for submitting reports in respect of the Hong Kong Special Administrative Region under various human rights treaties, including the Convention on the Rights of the Child. It does so on the basis of drafts prepared by the Hong Kong Special Administrative Region Government. In preparing the draft of the present report, the HKSAR Government drew on information from internal and outside sources and the views of Legislative Councillors, NGOs and concerned individuals[4] on the state of implementation of the Convention. The relevant parts of the report seek to give due regard to the views received. We have made it clear that we cannot undertake to address all of them, particularly where they appear to us to be either concerned with minutiae, expressed too broadly to admit of ready response, or of only tenuous relevance to the Convention.
18.The report will be tabled before the Legislative Council and made public once it has been submitted to the Committee. Copies will also be sent to interested organisations and available for collection free of charge at local District Offices. The report will also be deposited in public libraries and uploaded on the Government's website for public inspection.
1
[1]Here, and throughout this document, “the previous report” refers to the report on Hong Kong submitted under the Convention by the United Kingdom Government in February 1996 and heard by the Committee at its 22nd meeting in October 1996. References to "the Committees concluding observations" mean the concluding observations on that report, issued on 30 October 1996.
[2]Here, and throughout this document, “the updating report” refers to the report submitted under the Convention by the United Kingdom Government in June 1997.
[3]Such as a Child Commission as proposed by some of our respondents.
[4]Including the Child Ambassadors.