HR Report 2007

HONG KONG

Hong Kong, with a population of approximately seven million, is a Special Administrative Region (SAR) of the People's Republic of China (PRC). The 1984 Sino-British Joint Declaration on the Question of Hong Kong and the SAR's constitution, the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (the Basic Law), specify that Hong Kong will enjoy a high degree of autonomy except in matters of defense and foreign affairs. In March the Election Committee reelected Donald Tsang to chief executive. The civilian authorities generally maintained effective control of the security forces.

The government generally respected the human rights of its citizens, although core issues remained. Residents were limited in their ability to change their government. However, in December the PRC's National People's Congress Standing Committee announced a possible timeline for Hong Kong's transition to election by universal suffrage of its Chief Executive and Legislative Council beginning in 2017. Democratic activists protested the decision and called for universal suffrage in 2012. In 2004 the NPC Standing Committee issued a self-initiated interpretation of the Basic Law and rejected universal suffrage for the 2007 Chief Executive and 2008 Legislative Council elections. The legislature was restricted in its power to affect government policies. Claims of press self-censorship persisted, violence against women remained a problem, and workers were not guaranteed the right to bargain collectively.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including Freedom From:

a. Arbitrary or Unlawful Deprivation of Life

There were no reports that the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of politically motivated disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The Basic Law prohibits torture and other forms of abuse, and the government generally observed the prohibition in practice. From January to July, there were 304 allegations of assault by police officers on persons; however, none alleged torture or were substantiated by the Complaints Against Police Office (CAPO).

In August 2006 an asylum seeker from Sri Lanka lodged a complaint with CAPO that he was assaulted by police while being pushed into a police car after being apprehended for overstaying. CAPO determined that there was insufficient evidence to substantiate the allegation, and in April the Independent Police Complaints Council classified the case as "unsubstantiated."

Prison and Detention Center Conditions

Prison conditions generally met international standards, and the government permitted visits by independent human rights observers; however, there were no requests during the year. Media visits were permitted, and local justices of the peace regularly conducted unannounced prison inspections. For the first six months of the year, the average prison occupancy rate for the 24 prisons was 99 percent. Overcrowding occurred in some prisons, particularly in maximum‑security prisons, which operated at an average occupancy rate of 115 percent.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest or detention, and the government generally observed these prohibitions.

Role of the Police and Security Apparatus

Civilian authorities maintained effective control over the police, and the government has effective mechanisms to investigate and punish abuse and corruption. There were no reports of impunity involving the security forces during the year.

Arrest and Detention

Suspects were apprehended openly with warrants based on sufficient evidence and issued by a duly authorized official. Suspects must be charged within 48 hours or released, and the government respected this right in practice. There is a functioning bail system, and detainees are allowed prompt access to a lawyer and family members. The law provides accused persons with the right to a prompt judicial determination. During the year the average length of preconviction incarceration was 56 days.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, and the government generally respected judicial independence in practice. The judiciary, underpinned by the Basic Law's provision that the common law tradition be maintained, provided citizens with a fair and efficient judicial process. The courts may interpret those provisions of the Basic Law that address matters within the limits of the SAR's autonomy. The courts also interpret provisions of the Basic Law that touch on mainland government responsibilities or on the relationship between the central authorities and the SAR. However, before making final judgments on these matters, which are not subject to appeal, the courts must seek an interpretation of the relevant provisions from the Standing Committee of the National People's Congress (NPCSC). The Basic Law requires that courts follow the NPCSC interpretation of Basic Law provisions, although judgments previously rendered are not affected. As the final interpreter of the Basic Law, the NPCSC also has the power to self-initiate interpretations of the Basic Law.

The NPCSC's mechanism for interpretation is its Committee for the Basic Law, composed of six mainland and six Hong Kong members. The chief executive, the president of the Legislative Council (LegCo), and the chief justice nominate the Hong Kong members. Human rights and lawyers' organizations expressed concern that this process, which circumvents the Court of Final Appeal's power of final adjudication, could be used to limit the independence of the judiciary or could degrade the courts' authority.

Trial Procedures

The law provides for the right to a fair public trial, and an independent judiciary generally enforced this right in practice. Trials are by jury except at the magistrate court level. An attorney is provided at the public's expense if defendants cannot afford counsel. Defendants can confront and question witnesses testifying against them and present witnesses to testify on their behalf. Defendants and their attorneys have access to government-held evidence relevant to their cases. Defendants have the right of appeal.

Defendants generally enjoy a presumption of innocence. However, there is a presumption of guilt in official corruption cases. Under the Prevention of Bribery Ordinance, a current or former government official who maintains a standard of living above that commensurate with his official income or controls monies or property disproportionate to his official income is guilty of an offense unless he can satisfactorily explain the discrepancy. In practice the courts upheld this ordinance. Court is conducted in either Cantonese or English, the SAR's two official languages.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

There is an independent and impartial judiciary for civil matters, and there were no problems enforcing domestic court orders.

f. Arbitrary Interference with Privacy, Family, Home, or Correspondence

The law prohibits such actions, and the government generally respected these prohibitions in practice.

The Office of the Privacy Commissioner for Personal Data works to prevent the misuse, disclosure, or matching of personal data without the consent of the subject individual or the commissioner. Certain exemptions allow authorities to transfer personal data to a PRC body for safeguarding the security, defense, or international relations of Hong Kong, and for the prevention, detection, or prosecution of a crime.

The use of covert surveillance and the interception of telecommunications and postal communications can be granted only to prevent or detect "serious crime" or protect "public security." An August 2006 law established a two-tiered system for granting approval for surveillance activities, under which surveillance of a more intrusive nature requires the approval of a judge and surveillance of a less intrusive nature requires the approval of a senior law enforcement official. Applications to intercept telecommunications must involve crimes with a penalty of at least seven years' imprisonment, while applications for covert surveillance must involve crimes with a penalty of at least three years' imprisonment or a fine of at least $128,000 (HK$1 million).

On October 31, the commissioner on interception of communications and surveillance, Justice Woo Kwok-hing, reported his findings into the allegations of unlawful surveillance activities. Woo reported that in the first five months after the law took effect, four episodes of misconduct had occurred but all were inadvertent. He also reported that a total of 526 authorizations were issued, leading to 177 arrests, and that the three judges authorized to approve applications refused 67 requests. No applications were sought in relation to matters of legal privilege or journalistic materials.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The law provides for freedom of speech and of the press, and the government generally respected these rights in practice. Unlike in past years, there were no reports of violence or other actions taken against The Epoch Times newspaper. Reports of media self-censorship continued during the year. Most media outlets were owned by businesses with interests on the mainland, which led to claims that they were vulnerable to self-censorship. In January the Hong Kong University Public Opinion Program reported that close to half of respondents--a 10-year high--believed that news media practiced self-censorship. According to the survey, 29.5 percent of respondents within the industry said they practiced self-censorship.

The publishing or importation of print or other media are subject to regulation by a few provisions to safeguard the interest of readers, as in the case of obscene print materials and other media not regulated by the Broadcasting Ordinance. The case that Gillian Chung filed in August 2006 seeking an injunction against further publication of peephole-style photos and an order for the Hong Kong weekly Easy Finder magazine to surrender all existing copies of the photos was deferred until June 2008.

Controversy continued over the independence of government-owned and -operated Radio Television Hong Kong (RTHK). A government-appointed review panel recommended that a new public service broadcaster be established, but the panel did not comment on the future of RTHK. However, several media groups criticized the findings, noting that RTHK was already widely accepted as an independent public broadcaster. Particular criticism was leveled at the composition of the panel, none of whom were public broadcasting experts. The panel's findings were widely interpreted as a threat to media freedom. At year's end the fate of RTHK had not been decided.

International media organizations operated freely. Foreign reporters needed no special visas or government-issued press cards. The independent media were active and expressed a wide variety of views without restriction.

Internet Freedom

There were no government restrictions on access to the Internet or reports that government monitored e-mail or Internet chat rooms. Individuals and groups could engage in the peaceful expression of views via the Internet, including by e-mail.

Academic Freedom and Cultural Events

There were generally no restrictions on academic freedom and cultural events. In February the chief executive appointed a two-person commission of inquiry to investigate allegations of political interference in academic freedom at the Hong Kong Institute of Education (HKIEd).

In June the commission ruled that Fanny Law, the former permanent secretary for education and manpower and current anticorruption commissioner, improperly interfered with the academic freedom of HKIEd academics in two of four alleged cases. Law resigned soon after the release of the inquiry. The inquiry also concluded that then-secretary for education and manpower Arthur Li Kwok-cheung had not infringed on institutional autonomy by forcing the institute to merge with Chinese University. Although Li was cleared of wrongdoing, he was replaced when the chief executive appointed the new cabinet on July 1.

There were allegations that the education system was vulnerable to government intervention. Problems identified by students and staff included the Education and Manpower Bureau's alleged control over the recently established University Grants Committee, the ruling councils of universities, and a funding mechanism, which resulted in the discouragement of academic research into local issues.

b. Freedom of Peaceful Assembly and Association

The law provides for freedom of assembly and association, and the government generally respected these rights in practice. The government routinely issued the required permits for public meetings and demonstrations.

Falun Gong practitioners regularly conducted public protests against the crackdown on fellow practitioners in the mainland.

c. Freedom of Religion

The law provides for freedom of religion, and the government generally respected this right in practice.

Societal Abuses and Discrimination

No major societal abuses or acts of religious discrimination were reported during the year. Hong Kong's small Jewish community has excellent relations with the rest of society, and there were no reports of anti-Semitic acts during the year.

For a more detailed discussion, see the 2007 International Religious Freedom Report.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides residents freedom of movement, freedom of emigration, and freedom to enter and leave the territory, and the government generally respected these rights in practice, with some prominent exceptions. Most residents easily obtained travel documents from the SAR government; however, limits on travel to the mainland were sometimes imposed by the mainland government on outspoken political figures.

Government policy was to repatriate undocumented migrants who arrive from the mainland, and authorities were not able to consider them for refugee status under the "one country, two systems" framework. During the first half of the year, 1,619 migrants were repatriated to the mainland. The government does not recognize the Taiwan passport as valid for visa endorsement purposes.

The law does not provide for, and the government did not use, forced exile.

In July local and western media sources reported that between 150 and 1,000 Falun Gong adherents, most of them reportedly from Taiwan, were refused admission to Hong Kong immediately before PRC President Hu Jintao joined the observances marking the 10th anniversary of Hong Kong's retrocession to the PRC. The Hong Kong Association of Falun Dafa requested a review by the High Court, but at year's end the findings of the review had not been released.

PRC authorities do not permit some Hong Kong human rights activists and prodemocracy legislators to visit the mainland.

Protection of Refugees

The 1951 UN Convention relating to the Status of Refugees and its 1967 protocol do not extend to Hong Kong, and the SAR has no temporary protection policy. The director of immigration has discretion to grant refugee status or asylum on an ad hoc basis, but only in cases of exceptional humanitarian or compassionate need. The Immigration Ordinance does not provide foreigners the right to have asylum claims recognized. The government's practice was to refer refugee and asylum claimants to a lawyer or the Office of the UN High Commissioner for Refugees (UNHCR). In May 2006 the UNHCR stopped providing financial support to individuals awaiting status assessment due to budget cuts. In response the government began offering limited allowances to adult claimants through its social welfare department. As of September 30, approximately 900 persons were receiving assistance-in-kind, based on the needs assessed by professional workers, under the government support program. The UNHCR worked with potential host country representatives to resettle those persons designated as refugees.

In a High Court case filed in December, six refugees challenged the government's refusal to set a mechanism for assessment of refugee claims. The refugees alleged this constituted a breach of the city's obligations under the principle of nonrefoulement. The groups's lawyer argued that the principle had gained the status of customary international law and as such had been incorporated into Hong Kong's laws; the government countered that many other Asian countries were not signatories to the UN's refugee convention, which proved the principle had not gained the status of customary international law. The justice hearing the case postponed his decision to a later date, and at year's end no decision had been made.

Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government

The right of residents to change their government peacefully is limited by the Basic Law, which provides for the selection of the chief executive by an 800-person election committee (composed of individuals who are directly elected, indirectly elected, and appointed). The Basic Law provides for the direct election of only 30 of the 60 LegCo members and the inclusion of appointed members to the elected district councils. The approval of the chief executive, two-thirds of the legislature, and two‑thirds of Hong Kong's delegates to the mainland's National People's Congress (NPC) is required to place an amendment of the Basic Law on the agenda of the NPC, which has the sole power to amend the Basic Law.

The law provides for eventual universal suffrage in both chief executive and LegCo elections; however, in 2004 the NPCSC rejected universal suffrage in Hong Kong for the 2007 and 2008 elections. The NPCSC also determined that the current 50-50 ratio for directly elected geographic seats and indirectly elected functional constituency seats in LegCo must remain indefinitely in place. On December 29, the PRC's NPCSC officially provided a possible timeline for Hong Kong's transition to election by universal suffrage of its chief executive in 2017 and the LegCo in 2020.

Elections and Political Participation

On March 25, the Chief Executive Election Committee selected incumbent Donald Tsang by a wide margin over pan-democratic challenger Alan Leong to serve a five-year term as chief executive. In April Donald Tsang was appointed as chief executive, and the mainland government approved his new cabinet in June.

On July 11, the secretary for constitutional and mainland affairs unveiled the details of the government's green paper on constitutional reform, thereby launching a three-month consultation period during which the government hoped to build consensus on the timeframe and roadmap for the implementation of universal suffrage for future chief executive and LegCo elections. The proposal offered the public numerous options on structural reforms related to each election, but some lawmakers and the press criticized the proposal as too complicated, particularly given the relatively short consultation period. They chastised the government for not providing a reasonable number of mainstream and coherent options.

On November 18, a record 900 candidates contested 405 district council seats. The pro-Beijing Democratic Alliance for the Betterment and Progress of Hong Kong (DAB) nearly doubled its number of seats to 115, while the Democratic Party won 59 seats (down from 95 in the 2003 election), the probusiness Liberal Party won 14, the prodemocracy Civic Party--contesting its first district council election--won nine, and various smaller parties and independents took the remainder. More than 1.1 million persons voted, for a participation rate of 38.8 percent, significantly lower than the 44 percent turnout in 2003. The Electoral Affairs Commission received approximately 2,000 complaints of irregularities; most concerned either improper advertisements or canvassing in prohibited areas near polling stations.

On December 2, former Hong Kong government chief secretary and pandemocratic leader Anson Chan won a by-election held to fill the Hong Kong Island LegCo seat left vacant by the death of DAB chairman Ma Lik in August. Chan earned just under 55 percent of the vote, while her main challenger, former secretary for security Regina Ip, received almost 43 percent. The turnout rate, 52 percent, compared favorably to the most recent LegCo by-election in 2000 (33 percent) and also to the 2004 LegCo general election (55.6 percent). The Electoral Affairs Commission stated that the election was conducted successfully and that a report would be submitted to the chief executive within three months following the election.

As of December 7, the Independent Commission Against Corruption (ICAC) received 813 election-related complaints. Among them, 487 were related to the district council elections on November 18 and six concerned the LegCo by-election on December 2. Another six were related to the chief executive election in March.

Polls conducted by the University of Hong Kong consistently found that over half of the respondents favored electing the chief executive and the entire legislature by universal suffrage in 2012. However, the mainland government and pro-Beijing political figures and pundits in the HKSAR consistently maintained that 2017 would be the earliest appropriate date for universal suffrage in either election.

On December 12, the government submitted a report on the outcome of the public consultation on the green paper on Constitutional Development to the NPCSC. Chief Executive Tsang issued a public statement about his report to the NPCSC and stated that he urged the NPCSC "to allow us to amend the methods for selecting the Chief Executive and for forming the Legislative Council in 2012." Following his statement, the chief secretary made a statement in LegCo outlining the key conclusions and recommendations made in the report to the NPCSC: (1) the community generally hoped that the universal suffrage timetable could be determined early, so as to set the course for Hong Kong's constitutional development; (2) implementing universal suffrage for the chief executive first in 2012 was the expectation of more than half of the public, as reflected in the opinion polls; this expectation should be taken seriously and given consideration; (3) implementing universal suffrage for the chief executive first by no later than 2017 would stand a better chance of being accepted by the majority in the community; (4) community consensus has begun to emerge on taking steps toward universal suffrage for the chief executive first, followed by that for LegCo; and (5) diverse views remained on the models for forming LegCo by universal suffrage and how the functional constituencies should be dealt with, but setting the timetable for implementing universal suffrage for the chief executive and LegCo could help promote the ultimate resolution of the issues involved. The chief secretary went on to state that if the NPCSC confirmed that the methods for selecting the chief executive and for forming LegCo in 2012 may be amended, the government would study how these two electoral methods could do so, and the community would have a further opportunity to discuss these issues.

On December 29, the NPCSC stated appropriate amendments may be made to the specific method for selecting the chief executive and the LegCo in 2012. The decision ruled out the possibility of universal suffrage for the chief executive and LegCo in 2012 but explicitly noted that the election of the chief executive in the year 2017 may be implemented by universal suffrage. After the chief executive is selected by universal suffrage, the LegCo may be elected by universal suffrage. Any amendments to the Hong Kong Basic Law regarding election of the chief executive and LegCo must obtain consent (the chief executive), approval by two-thirds of the LegCo, and then be submitted for approval (chief executive) or for the record (LegCo) to the NPCSC. If the methods for selecting the chief executive and electing the LegCo are not amended, then the existing methods shall continue to apply. The citizens and government of Hong Kong now must devise an electoral process that will lead to universal suffrage and democratic elections in 2017 and 2020.

The Basic Law substantially limits the ability of the legislature to influence policy by requiring separate majorities among members elected from geographical and functional constituencies to pass a bill introduced by an individual member. Another Basic Law provision prohibits LegCo from putting forward bills that affect public expenditure, political structure, or government policy. Bills that affect government policy cannot be introduced without the chief executive's written consent. The government has adopted a very broad definition of "government policy" to block private member bills, and the president of LegCo has upheld the government's position.

In January the Court of First Instance found that the Rules of Procedure cited by LegCo President Rita Fan were consistent with the Basic Law. This concluded the August 2006 judicial review launched by legislator Leung Kwok-hung challenging Fan's refusal to table many private member amendments during debate over the Interception of Communications and Surveillance bill. Leung said he would consider filing an appeal, although at year's end he had not done so.

District councils are responsible for advising the government on matters affecting the well-being of district residents, the provision and use of public facilities, and the use of public funds allocated for local public works and community activities. The District Council Ordinance gives the chief executive authority to appoint 102 of 529 of the district councilors, and he exercised this power in practice.

Hong Kong sends 36 delegates to the NPC. In March local papers reported on proposed curbs to the electoral process under consideration by the fifth annual session of the 10th NPC. According to deputies attending the ongoing plenary sessions of the NPC and the Chinese People's Political Consultative Conference in Beijing, Hong Kong deputies elected to the NPC will be disqualified if they are found to be members of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China or the Falun Gong.

Women held 11 of the 60 LegCo seats and made up between 17 and 23 percent of membership in the major political parties. The president of the LegCo was a woman, as were the heads of several government departments. More than one-third of civil servants were women, and four of the 22 most senior government officials were women.

There were no ethnic minorities in the LegCo, but there were a number of ethnic minorities in senior civil service positions.

Government Corruption and Transparency

There were only isolated reports of government corruption, and the government sought to combat official corruption through the Prevention of Bribery Ordinance and the Independent Commission Against Corruption(ICAC).

On December 11, the ICAC reported that it received 3,278 corruption reports in the first 11 months of the year, representing a 6 percent increase from the same period of 2006. The number of corruption reports against government departments had fallen by 10 percent from 984 to 885. However, the reports against the private sector had increased by 15 percent, from 1,886 to 2,169. The ICAC Advisory Committee on Corruption chairman reportedly stated the antigraft body needed to upgrade its investigation skills to deal with technological advancements, which facilitate cross-boundary financial transactions.

 

The law provides for access to government information with exceptions that are narrowly defined and could be appealed, and in practice such information was provided to both citizens and non-citizens.

Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A wide variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were generally cooperative and responsive to their views. Prominent human rights activists critical of the mainland government also operated freely and maintained permanent resident status in Hong Kong.

Section 5 Discrimination, Societal Abuses, and Trafficking in Persons

The law provides that all residents are equal, and the government enforced these rights in practice.

Women

Violence against women continued to be a problem, although the government took measures against it. There were 58 cases of rape reported to the police during the first half of the year, of which 38 were prosecuted, resulting in 14 convictions. The Statute Law (Miscellaneous Provisions) Bill criminalizes marital rape, and the Crimes Ordinance expressly states that "unlawful sexual intercourse" could be applied both outside and inside the bounds of marriage. During the first half of the year, 669 sexual assault cases were reported to the police.

Local public health officials, politicians, and women's groups remained concerned about violence against women, particularly among new immigrants from the mainland. The Domestic Violence Ordinance allows victims to seek a three-month injunction, extendable to six months, against an abuser. The ordinance does not criminalize domestic violence directly, although abusers may be liable for criminal charges under other ordinances including the Crime Ordinance and the Offences Against the Person Ordinance. The government enforced the law and prosecuted violators, but sentences typically consisted only of injunctions or restraining orders. Between January and March, there were 1,119 cases of domestic violence reported to the Social Welfare Department, which receives reports from the police, social workers, the Health Department, and volunteer organizations.

In January Director for Social Welfare Paul Tang remarked that the government was committed to combating domestic violence, but he noted that the number of domestic violence cases had increased to 3,412 in the first nine months of 2006, up 37 percent over the same period in 2005. Tang said the increase was expected as the awareness of the public, frontline staff, and the victims was enhanced as a result of the improvements in public education, publicity, and training by the government. Tang also said the government had added two teams of social workers to increase counselling services. The Social Welfare Department reported that it had increased capacity and enhanced support to the Refuge Centres for Women during the year.

The government introduced a pilot project in January 2006 called the Batterer Intervention Programme, which provides intervention and counselling to batterers. As of June, 212 batterers had participated in 27 counselling groups. The number of Integrated Family Service Centres and Family and Child Protective Services Units, which offer services to domestic violence victims and batterers, increased from six to eight in 2006. The government also continued its publicity campaign on Strengthening Families and Combating Violence and increased public education on the prevention of domestic violence.

On October 14, a 36-year-old mother threw her two children, a girl age 12 and a boy age nine, with their hands and feet bound, out of a window and to their death; the woman, whose husband was in a mental hospital, then jumped to her own death. The tragedy prompted legislators to pass a motion on November 7 that urged the government to inject more resources into Tin Shui Wai, a low-income neighborhood, in view of the high number of family tragedies there.

Prostitution is legal, but there are laws against activities such as public solicitation, causing or procuring another to be a prostitute, living on the prostitution of others, or keeping a vice establishment.

The Sex Discrimination Ordinance prohibits sexual harassment of women seeking employment or already working in an organization. During the first seven months of the year, the Equal Opportunity Commission (EOC) reported 54 sexual harassment complaints.

The percentage of women employed in professional fields including sciences and engineering, law, teaching, accounting, social sciences, health and medicine, increased. As of June, 41 percent of professionals employed in these fields were women, versus 37 percent in June 2006. Approximately 22 percent of judicial officers and judges were women.

While the law treats men and women equally in terms of property rights in divorce settlements and inheritance matters, in practice women faced discrimination in employment, salary, welfare, inheritance, and promotion. Women reportedly formed the majority of the working poor and those who fall outside the protection of current labor law.

Children

The government supported children's rights and welfare through well-funded systems of public education, medical care, and protective services. The Education Department provided free and compulsory schooling for children between six and 15 years of age and placement services for non-Chinese speaking children. Nearly all school-age children attended school, and boys and girls attended in equal proportions. The government supported programs for custody, protection, day care, foster care, shelters, small group homes, and assistance to families.

The government provided subsidized, quality medical care for all children under 18 years of age who were residents. The Domestic Violence Ordinance mandates substantial legal penalties for acts of child abuse such as battery, assault, neglect, abandonment, sexual exploitation, and child sex tourism, and the government enforced the law.

During the first half of the year, there were 746 child abuse cases reported to the police: 326 involved physical abuses (referring to victims less than 14 years of age), and 420 involved sexual abuses (referring to victims less than 17 years of age).

The government provided parent education programs in all 50 of the Department of Health's maternal and child health centers, which included instruction on child abuse prevention. It also provided public education programs to raise awareness of child abuse and to alert children about how to protect themselves. The Social Welfare Department provided child psychologists for its clinical psychology units and social workers for its family and child protective services units. The police maintained a child abuse investigation unit and a child witness support program. A child care center law helped prevent unsuitable persons from providing childcare services.

There were no reports of child prostitution under the age of 16, which is the legal age of consent.

Trafficking in Persons

There is no law prohibiting trafficking in persons. There are various laws and ordinances that allow law enforcement authorities to take action against traffickers. Despite robust efforts by the SAR government to stop such activities, Hong Kong was a point of transit and destination for a small number of persons trafficked for sexual exploitation from the mainland and Southeast Asia. The SAR government stated that it was difficult to identify trafficking victims from among the larger group of illegal immigrants.

Nearly all trafficking victims initially came to Hong Kong willingly to engage in prostitution. Most came from rural areas of the mainland, Thailand, or the Philippines on 14-day tourist visas, although a very small number entered using forged documents. The overwhelming majority were women, although an increasing number of young men were coming to Hong Kong to work as homosexual prostitutes. While many came on their own, some were lured by criminal syndicates and promises of financial rewards but faced circumstances of debt bondage. Syndicates sometimes held passports and travel documents until debts were paid.

On December 3, two Filipino women were charged in a Hong Kong district court with two counts of trafficking in persons and aiding and abetting the breach of condition of stay after they allegedly brought six Filipino women to Hong Kong in July 2006 who ended up working as prostitutes in the city's "red light" district in Wan Chai. The case was heard in a district court on December 13 and 14; both of the accused were convicted as charged and sentenced to a total of three years' imprisonment on December 20. The victims returned to the Philippines.

Provisions in the Immigration Ordinance, the Crimes Ordinance, the Employment Ordinance, and other relevant laws enabled law enforcement authorities to take action against trafficking in persons. The Security Bureau, which also combats migrant trafficking and oversees the police, customs, and immigration departments, enforces antitrafficking laws. The courts can impose heavy fines and prison sentences of up to 14 years for activities such as arranging passage of unauthorized entrants, arranging entrance or exit of a person for the purpose of prostitution, and aiding and abetting any person to use forged, false, or unlawfully obtained travel documents. Law enforcement officials received special training on handling and protecting victims and vulnerable witnesses, including victims of trafficking.

There were no reports that government officials participated in, facilitated, or condoned trafficking, and no officials were prosecuted, convicted, or sentenced to time in prison or were removed from their duties for trafficking during the year.

The government provided legal aid to those taking legal action against an employer, and immunity from prosecution for those assisting in the investigation and prosecution of traffickers. The Social Welfare Department and local NGOs also provided an array of social services to victims of trafficking. The government also tried to prevent trafficking by distributing pamphlets and other public messaging campaigns, in a wide range of languages, on workers rights.

Persons with Disabilities

Discrimination against persons with physical and mental disabilities persisted in employment, education, and the provision of some public services. The Disability Discrimination Ordinance calls for improved building access and sanctions against those who discriminate. Despite inspections and the occasional closure of noncompliant businesses under the Buildings Ordinance, access to public buildings (including public schools) and transportation remained a serious problem for persons with disabilities.

The government offered an integrated work program in sheltered workshops and provided vocational assessment and training. While no comprehensive statistics are available on the number of persons with disabilities in the work force, a consortium of organizations representing persons with disabilities reported in 2002 that an estimated 700,000 residents were disabled, approximately half of whom were able to work. As of March there were 3,263 persons with disabilities employed as civil servants out of a total civil service work force of 155,000. During the first half of the year, the Labor Department's Selective Placement Division found jobs for 1,634 of 2,326 disabled job seekers. As of September 2006, 1.34 percent of 784,000 primary and secondary school students were disabled; approximately 38 percent studied at mainstream schools.

The EOC sponsored a variety of activities to address discrimination against persons with disabilities, including youth education programs, distributing guidelines and resources for employers, carrying out media campaigns, and cosponsoring seminars and research.

Other Societal Abuses and Discrimination

There were no reports of societal violence or discrimination based on sexual orientation or against persons with HIV/AIDS.

Section 6 Worker Rights

a. The Right of Association

The law provides for the right of association and the right of workers to establish and join organizations of their own choosing. Trade unions must register under the Trade Unions Ordinance and must have a minimum membership of seven persons for registration. There is no provision guaranteeing reinstatement of workers dismissed because of their trade union membership. According to an International Trade Union Confederation (ITUC) survey, almost 25 percent of Hong Kong's labor force is unionized.

b. The Right to Organize and Bargain Collectively

The law provides for the right to organize, and this right was implemented in practice; however, it does not guarantee the right to collective bargaining. The 1997 Employment and Labor Relations (Miscellaneous Amendments) Ordinance does not provide a legal framework for trade unions to engage employers in collective bargaining. The ordinance bans the use of union funds for political purposes, requires the chief executive's approval before unions can contribute funds to any trade union outside of the SAR, and restricts the appointment of persons from outside the enterprise or sector to union executive committees. In all but a few specific trades, unions were not powerful enough to force management to engage in collective bargaining. The government did not engage in collective bargaining with civil servants' unions, and according to the ITUC report, only 1 percent of the workforce was covered by collective agreements, and even these were not legally binding.

The workplace consultation promotion unit in the Labor Department facilitated communication, consultation, and voluntary negotiation between employers and employees. Tripartite committees for each of the nine sectors of the economy included representatives from some trade unions, employers, and the Labor Department.

Work stoppages and strikes are legal. There are some restrictions on this right for civil servants. Although there is no legislative prohibition of strikes, in practice most workers had to sign employment contracts that typically stated that walking off the job is a breach of contract, which could lead to summary dismissal. In addition, there is no legal entitlement to reinstatement in the case of unfair dismissal.

Approximately 1,000 local metal workers at construction sites went on strike in August, demanding higher pay and an eight-hour working day. On August 11, several hundred workers staged an unauthorized demonstration, scuffling with police and snarling traffic in the SAR's central district. The government released a statement expressing its concerns about the workers' action, although some newspapers reported concerns that the government was taking a hands-off approach to the matter. One government spokesman stated that labor officials had been trying their best to mediate the dispute and urged both sides to display mutual understanding to narrow their differences. On September 12, the metal workers called off the 36-day strike, the longest in Hong Kong in decades, after they agreed to an agreement that gave the workers a 14-percent pay raise for an eight-hour day.

There are no export processing zones in the SAR.

c. Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor, and there were no reports that such practices occurred. Although the law does not specifically prohibit forced or compulsory labor by children, there were no reports that such practices occurred.

d. Prohibition of Child Labor and Minimum Age for Employment

The Employment of Children Regulations prohibits employment of children under the age of 15 in any industrial establishment. Children 13 and 14 years of age may work in certain nonindustrial establishments, subject to conditions aimed at ensuring a minimum nine years of education and protection of their safety, health, and welfare. The Labor Department conducted regular workplace inspections to enforce compliance with the regulations. During the first half of the year, the Labor Department conducted 74,451 inspections and discovered five suspected violations of the Employment of Children Regulations. The regulations limit work hours in the manufacturing sector for persons 15 to 17 years of age to eight hours per day and 48 hours per week between 7 a.m. and 7 p.m. They also prohibit overtime in industrial establishments with employment in dangerous trades for persons less than 18 years of age.

e. Acceptable Conditions of Work

There is no statutory minimum wage except for domestic workers of foreign origin. Aside from a small number of trades where a uniform wage structure exists, wage levels customarily are fixed by individual agreement between employer and employee and are determined by supply and demand. Some employers provided workers with various kinds of allowances, free medical treatment, and free subsidized transport. The average wage provided a decent standard of living for a worker and family. Two-income households were the norm. There are no regulations concerning working hours, paid weekly rest, rest breaks, or compulsory overtime. Working weeks of up to 60 hours and more were not uncommon.

In October the chief executive admitted the potential need to legislate a minimum wage for cleaners and securities guards, as a result of the government's "wage protection movement," sometimes referred to as the "voluntary wage movement," had thus far been unsatisfactory. This policy was enacted in October 2006 and sought to encourage employers to offer cleaners and security guards the average market wages for those types of work.

As a campaign for legislation on minimum wage gathered pace, hundreds of demonstrators from 40 unions marched on October 1 to demand a minimum wage of $3.84 (HK$30) an hour. At year's end the labor advisory board, first appointed in 2004, was still considering the issue of a minimum wage. Approximately 50 trade unions and associations protested the government's slow progress towards a minimum wage and accused it of exploiting the underprivileged and colluding with big business. However, there was no broad consensus in the community on these issues, which were debated by legislators, academics, and the public. The Labor Department actively sought to improve working conditions by encouraging consultations, meetings, and seminars with industry-based committees comprising representatives of government, employers' associations, and selected trade unions. Reports indicate that the Hong Kong Confederation of Trade Unions was consistently excluded from the labor advisory board.

The minimum wage for foreign domestic workers was approximately $435 per month (HK$3,400). The standard workweek was 48 hours, but many domestic workers worked much longer hours. The standard contract law requires employers to provide foreign domestic workers with housing, worker's compensation insurance, travel allowances, and food or a food allowance in addition to the minimum wage, which together provide a decent standard of living. Foreign domestic workers can be deported if dismissed. Labor groups reported that the 200,000 foreign domestic workers were still vulnerable to the extensive rights and contract violations. During the first six months of the year, three employers were convicted for labor law maltreatment violations under the Employment Ordinance relating to the employment of foreign domestic workers. During the first seven months of the year, 100 foreign domestic workers filed criminal suits for other types of maltreatment, including rape, indecent assault, and wounding and serious assault, 75 of which were prosecuted.

The Occupational Safety and Health Branch of the Labor Department is responsible for safety and health promotion, enforcement of safety management legislation, and policy formulation and implementation. The Factories and Industrial Undertakings Ordinance, the Occupational Safety and Health Ordinance, the Boilers and Pressure Vessels Ordinance, and their 35 sets of subsidiary regulations regulate safety and health conditions. During the first half of the year, the Labor Department conducted 58,486 workplace inspections and issued 872 summonses, resulting in a total of $995,654 (HK$7,766,100) in fines. Worker safety and health has improved over the years, but serious problems remained, particularly in the construction industry. The Labour Department reported 10,264 occupational injuries, of which 3,621 were classified as industrial accidents, and five fatal industrial accidents during the first half of the year. Employers are required under the Employee's Compensation Ordinance to report any injuries sustained by their employees in work-related accidents. There is no specific legal provision allowing workers to remove themselves from dangerous work situations without jeopardy to continued employment.