The Rights of the Individual

The Sino-British Joint Declaration on the Question of Hong Kong and the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China provide that the provisions of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) as applied to Hong Kong shall remain in force. The HKSAR's first reports in the light of the two covenants were submitted to the United Nations (UN) in January and June 1999, respectively. The hearing of the ICCPR report was held in November 1999 and that of the ICESCR report in April/May 2001.

    Additionally, the HKSAR continues to abide by the major international conventions on human rights. These include the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the Convention on the Rights of the Child (CRC), and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

    The HKSAR's initial report under the CAT which formed part of China's third report was examined by the UN Committee against Torture in May 2000. The initial report under the ICERD which formed part of China's eighth and ninth reports was examined by the UN Committee on Elimination of Racial Discrimination in July/August 2001. Hong Kong teams attended both hearings as part of China's delegation. The HKSAR's first report under the CRC will be submitted to the UN as part of China's second report.

    The Hong Kong Bill of Rights Ordinance, enacted in 1991 to give effect in domestic law to the provisions of the ICCPR, remains in force.

    The Equal Opportunities Commission continues to oversee the three anti-discrimination ordinances Sex Discrimination Ordinance, Disability Discrimination Ordinance, and Family Status Discrimination Ordinance.

    The Personal Data (Privacy) Ordinance protects an individual's right to privacy with respect to personal data. The ordinance is administered by the Privacy Commissioner for Personal Data.

    The Bill of Rights prohibits acts of racial discrimination on the part of the Government and public authorities. In 2001 and 2002, the Government consulted interested parties on the question of legislation against acts of racial discrimination in the private sector. It will determine the way forward when it has completed its assessment of the findings.

    To improve the Government's services for ethnic minorities, a Race Relations Unit was established in June 2002. Its work includes devising and producing publicity materials, maintaining a hotline for enquiries and complaints, outreach work for schools, and providing secretariat services to the Committee on the Promotion of Racial Harmony (CPRH).

    The CPRH, also established in June, is an advisory body comprising non-government members with an active interest in race issues, and relevant government departments. The committee's functions include formulating proposals for race-related public education and publicity, and vetting applications for sponsorship of activities through a special funding scheme.

    The Steering Committee on New Arrivals Services is a high-level body that seeks to ensure that new arrivals whatever their origin know what services are available to them, that those services are delivered, and that the services so provided remain appropriate to the needs of the committee's target clientele. The committee is chaired by the Permanent Secretary for Home Affairs. Its members comprise government departments that provide key services and representatives of two non-governmental organisations that serve the ethnic minorities.