HONG KONG 2004
The Legal System
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Introduction
Continuation of the Legal System
Law in the HKSAR
Court Challenges Under the Basic Law
Arbitration and Alternative Dispute Resolution
The Secretary for Justice
The Law Reform Commission
The Legal Profession
The Judiciary
Legal Aid
Director of Intellectual Property
Rights of the Individual
Equal Opportunities Commission
Office of the Privacy Commissioner for Personal Data
Home Pages
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Rights of the Individual
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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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