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 report in light of the ICCPR was submitted to the
United Nations (UN) in January 1999 and heard in November that year.
The second report will be submitted shortly. The HKSAR's second
report under the ICESCR was submitted to the UN as part of China's
first report in June 2003. It will be heard by the UN Committee
on Economic, Social and Cultural Rights in the spring of 2005.
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 second (to be
part of China's fourth) is in preparation. An 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 the Chinese delegation. The HKSAR's first
report under the CRC was submitted to the UN as part of China's
second report in June 2003. The UN Committee on the Rights of the
Child will hear it in September 2005.
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 —
the Sex Discrimination Ordinance, the Disability Discrimination
Ordinance, and the 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 June 2003,
the Government announced that legislation against racial discrimination
would be introduced. Public consultations on the legislative proposals
are currently in progress with a view to introducing the bill into
the Legislative Council in the 2004-05 legislative session.
To improve government services to 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 to schools, and providing
secretariat services to the Committee on the Promotion of Racial
Harmony.
The Committee on the Promotion of Racial Harmony,
established in June 2002, 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 funding
scheme applications. Among the programmes it finances are language
classes in Cantonese and English, training for community organisers,
training programmes, radio broadcasts in selected minority languages,
and after-school support services for minority children in mainstream
schools.
The Steering Committee on New Arrival 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 and includes representatives of government departments
that provide key services and a representative of the Hong Kong
Council of Social Service.
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