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TITLE: HONG KONG HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
HONG KONG
Hong Kong, a small, densely populated British dependency, is a
free society with legally protected rights but without a broad
democratic base. Its constitutional arrangements are defined
by the Letters Patent and Royal Instructions. Executive powers
are vested in a British Crown-appointed Governor who holds
extensive authority. The judiciary is an independent body
adhering to English common law with certain variations.
Fundamental rights ultimately rest on oversight by the British
Parliament. In practice, however, Hong Kong largely controls
its own internal affairs.
A well-organized civilian police force maintains public order
and respects the human rights of the populace.
Hong Kong's free market economy is among the world's most
important shipping, marketing, and finance centers. It serves
as an investment center for trade with China and as a
communication and transportation hub for Asia. Annual per
capita gross domestic product increased by 5.5 percent in 1993
to a projected $18,948.
The Bill of Rights, passed in June 1991, continued to make an
impact on legislative process and criminal law. Hong Kong
political leaders and human rights groups have criticized the
Government for not conforming Hong Kong laws to the Bill of
Rights. The Legislative Council is expected to consider
measures aimed at further reconciliation during the 1993-94
session. The principal human rights problem is the inability
of citizens to change their government. China strongly
criticized and opposed the Governor's 1992 proposed measures to
broaden the political franchise before the colony reverts to
China in 1997. In ongoing political talks, the United Kingdom
(U.K.) and China have not reached agreement on these
proposals. Discrimination and violence against women are
continuing human rights concerns.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no instances of deaths in police custody or as a
result of using force in restraining unarmed persons during
arrest.
b. Disappearance
There were no reports of any disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture and other extreme forms of abuse are forbidden by law
and subject to punishment. Individual acts of police brutality
occurred. From January to July 1993, 996 allegations of police
assault were lodged. The total number of complaints against
the police during this period numbered about 2,000. As of
July, 34 cases were substantiated, none of which resulted in
death. End of year figures were not available. Disciplinary
action can range from criminal proceedings to dismissal or
warnings. Complaints are investigated by an internal police
unit, subject to outside review. The authorities continued to
reject calls from some legislators that investigations should
be conducted by an independent body.
d. Arbitrary Arrest, Detention, or Exile
British legal protections and common law traditions govern the
process of arrest and detention and ensure substantial and
effective legal protections against arbitrary arrest or
detention. Exile is not practiced.
e. Denial of Fair Public Trial
Hong Kong's judicial and legal systems are organized according
to principles of British constitutional law and legal precedent
and feature, inter alia, an independent judiciary and trial by
jury. The right to a fair public trial is guaranteed and
respected in practice.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The right of privacy is generally respected and provided for by
law. The Independent Commission Against Corruption (ICAC) is
vested with powers which are normally exercised only by a
judicial officer. Amendments to ordinances governing ICAC
deprived it of its independent authority to issue arrest or
search warrants (it must now go to the courts), but it still
operates on the assumption that any excessive, unexplainable
assets held by civil servants are considered ill-gotten until
proven otherwise.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
There is a tradition of free speech and press as practiced in
Great Britain. However, the admission by China's Ministry of
Public Security that it has been gathering information on Hong
Kong residents who are "against the Chinese Government" has had
some chilling effect on free speech. Numerous views and
opinions, including those independent or critical of the
British and Hong Kong Governments, are aired in the mass media,
in public forums, and by political groups. International media
organizations operate freely in Hong Kong. Although rarely
imposed, several ordinances permit restrictions of the press.
Journalists report that self-censorship is on the increase as
Hong Kong-based media organizations which are expanding their
commercial ties in China, seek to avoid giving offense to the
Chinese Government. Following Chinese objections to a Hong
Kong government proposal to "corporatize" the government-owned
Radio Television Hong Kong (RTHK), there have been no further
efforts by the Hong Kong Government to do so. The Government
continues to refuse to consider freedom of information
legislation proposed by Hong Kong civil liberties groups.
b. Freedom of Peaceful Assembly and Association
These freedoms are practiced without significant hindrance,
although the amended Societies Ordinance requires officeholders
to notify the Police Commissioner (who is the Registrar of
Societies) of the formation of a society. The Ordinance
permits the Registrar to refuse to register an organization
that is found to be "incompatible with peace, welfare, or good
order" or is affiliated with a political organization abroad.
There were no instances of this provision being applied
arbitrarily in 1993.
c. Freedom of Religion
Government policy and general practice ensure freedom of
religion.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Travel documents are obtainable freely and easily, subject to
neither arbitrary nor discriminatory practices. There is
freedom of movement within Hong Kong.
By 1991 more than 200,000 Vietnamese had arrived in Hong Kong
seeking refugee status. Hong Kong has never refused to accept,
or pushed off, Vietnamese boat people. Prior to June 1988,
they were automatically accorded refugee status. Thereafter,
they were screened to determine their status and were held in
prison-like detention centers awaiting resettlement in other
countries or repatriation to Vietnam. As of November 1993,
only 67 Vietnamese had arrived Hong Kong since agreement was
reached in late 1991 by the U.K. and Vietnam The agreement
provided for the immediate screening of new arrivals, mandatory
repatriation to Vietnam of those whom the authorities
determined not to be refugees, and the decision by the U.N.
High Commissioner for Refugees (UNHCR) to cease providing a
reintegration subsistence allowance to new arrivals.
A trial of 13 Vietnamese accused of murdering 24 fellow
detainees, who burned to death in a February 1992 riot when
their hut was barricaded and set afire, is expected to continue
until mid-1994. In addition to the 13 defendants, 2 key
defense witnesses were prevented from returning to
Vietnam--despite volunteering to return home--until they have
testified in the case. Gang violence continues to be a problem
in the camps, and women are often raped. On September 1, the
UNHCR began cutting nonessential services in the detention
centers. The move, which eliminated adult education, community
and recreational activities in the camps, and cut back
employment opportunities and some medical facilities, was
criticized by some nongovernmental human rights organizations.
The Hong Kong Government has said it hopes to have all initial
screening of Vietnamese asylum seekers completed by January
1994. Reintegration assistance programs inside Vietnam funded
by the European community, the Hong Kong Government, and the
United States provided an incentive for those not eligible for
third country resettlement to return to Vietnam. In order to
spur voluntary repatriation of those not recognized as
refugees, the Government slashed the assistance package
available to those returning home by a third, effective
November 1. Anyone who volunteered before that time could
still receive the full amount. Those who have not completed
the screening process by the deadline will have 90 days to make
a decision for voluntary repatriation before benefits are cut.
Of those found ineligible for resettlement or not yet screened,
more than 10,000 persons had voluntarily returned to Vietnam by
year's end and more than 34,000 since the agreement on the
Comprehensive Plan of Action in 1989.
On May 12, 1992, the Hong Kong government reached agreement
with Vietnamese authorities on an Orderly Return Program (ORP)
for screened-out nonrefugees in Hong Kong detention centers.
Under the program, people are randomly chosen from among the
nonrefugee camp population and are moved to a separate location
several days before the flight's scheduled departure. Hong
Kong government security officers then escort all those being
mandatorily returned on to the plane and accompany the flight
to Vietnam. Security officials have used limited force in the
past when some nonrefugees resisted repatriation. To date the
Government has returned 730 persons aboard 14 ORP flights.
The Government maintained its policy of deporting illegal
Chinese immigrants to China, except in rare instances in which
a person qualified as a refugee within the meaning of the U.N.
Protocol on the Status of Refugees. In 1992 an average of 130
illegal immigrants, mostly young men, were arrested every day
and returned to China. Over 2,400 ethnic Vietnamese living in
China fled to Hong Kong during 1992. Called Ex-China
Vietnamese Illegal Immigrants (EVCIIS) by the Government, they
were not recognized as refugees by UNHCR or local authorities
and were returned to China. Following China's expulsion of Han
Dongfang, a Chinese labor organizer, when he returned to China
in August, the Hong Kong Government has repeatedly renewed
Han's permission to remain in the colony while he has continued
efforts to obtain Chinese permission to return to his homeland.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
While Hong Kong is a free society, with most individual
freedoms and rights protected by law and custom, citizens of
the territory do not have the right to change their
government. The Governor is appointed by and serves at the
pleasure of the Crown. He is advised on policy by an executive
council which he appoints.
Legislation is enacted and funds are provided by the
Legislative Council which also debates policy and questions the
administration. Although the legislature has virtually no
power to initiate legislation, it has become more assertive
since the September 1991 direct elections for some seats. The
Governor has ultimate control of the administration of Hong
Kong but, by convention, he rarely exercises his full powers.
In practice, decisions reached through consensus. Political
parties and independent candidates are free to contest seats in
free and fair elections. Representative government employing
universal franchise, however, does not exist. Only 18 of 60
legislators were elected by universal suffrage. Of the rest,
21 were either appointed by the Governor or are themselves
government officials. Another 21 were elected by functional
groupings, such as lawyers, industrialists, teachers, laborers,
and accountants. Functional constituencies disproportionately
represent the economic and professional elites and, moreover,
violate the concept of one person-one vote, since voters in
functional constituencies may vote both in a functional and a
geographic constituency.
In his first policy address in October 1992, the Governor
introduced several proposals intended to make the 1995
legislature more democratic. As originally proposed, the
measures would give all eligible voters in the working
population of 2.7 million a second vote in one of 30 functional
constituencies. Furthermore, the election committee, which
would elect 10 legislators, would draw all or most of its
members from the local district boards, which the Governor
proposed to be entirely directly elected, rather than one-third
appointed, as is the case now. Even these measures, however,
would not result in a fully representative, democratically
elected government. The Chinese Government, claiming it had
not been consulted on these proposals, denounced them and
warned that any changes which did not "converge" with the Basic
Law, Hong Kong's post-1997 constitution, would be revoked when
China resumes its exercise of sovereignty in 1997. Since April
1993, Chinese and British negotiators have been discussing the
procedures for the 1995 Legislative Council elections, although
progress has been negligible. However, both the British and
Chinese Governments earlier agreed that the number of
legislators to be elected by universal suffrage in 1995 will
increase to 20.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Although the Government to date has interposed no official
barriers to the formation of local human rights groups, some
human rights monitors believe that provisions of the Societies
Ordinance provide the legal means whereby a future government
could do so. The Government has consistently cooperated with
international and nongovernmental organizations on human rights
issues. The UNHCR and nongovernmental human rights
organizations have full access to Hong Kong's camps for
Vietnamese boat people.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Chinese language has equal status with English in many
government operations. The Government is continuing efforts to
place Hong Kong Chinese in senior positions. In September the
Government announced the appointment of several locally born
Hong Kong civil servants (mostly Chinese, but one locally born
Indian) to key positions. For the first time a Hong Kong
Chinese was appointed to the top civil service position.
Overall, however, progress remains slow in replacing
expatriates serving in other policy-related positions.
Expatriates remain in key positions in the legal and police
departments as well as the judiciary.
Complicating the Government's localization efforts have been
expatriate government workers on local contracts who threaten
legal action against the Government if they are not allowed to
convert to regular civil service status. The Government's
decision to allow long-resident expatriates with appropriate
job qualifications to convert has drawn charges from local
civil servant organizations that the Government has reneged on
its localization policy. As of September, the Government's
decision to allow expatriates to convert remained in effect
although some members of the Legislative Council threatened to
overturn it in the 1993-94 legislative session.
Women
Violence and discrimination against women remain significant
problems. The only legislation to protect the rights of
battered women is the 1987 Domestic Violence Ordinance, which
enables a woman to seek a 3-month injunction against her
husband. This may be extended to 6 months. In addition,
domestic violence may be prosecuted as common assault under
existing criminal statutes. The Government enforces these laws
and prosecutes violators. Nevertheless, women's action groups
continue to press for better legal and government provisions
for battered wives. They call for public housing to house
women as soon as they leave their violent husbands. Harmony
House, a private voluntary agency, and the Social Welfare
Department operate two homes which offer refuge to a small
number of women. Harmony House also has conducted training
programs for police personnel on how to deal with domestic
violence. Many instances of domestic violence, however, are
not reported, owing partly to cultural factors which frown on
exposing family crises to the public eye but also to a lack of
well-publicized information about the assistance and resources
available.
Women face discrimination in areas of employment, salary,
welfare, and promotion. While a number of women hold senior
appointive government positions, only two were elected to the
legislature.
Children
The Government supports child welfare programs including
custody, protection, day care, foster care, shelters, and small
group homes. Assistance is also provided to families. Child
abuse and exploitation are not widespread problems in Hong
Kong. The Government remains committed to the human rights and
welfare of children.
People with Disabilities
Organizations and individuals representing the interests of the
disabled claim that discrimination against the physically and
mentally disabled exists in employment, education, and the
provision of some state services. Access to public buildings
and transportation remain problems for the physically
impaired. Advocate groups have urged the Government to do more
to encourage greater public tolerance of the mentally
disabled. Harassment of and discrimination against families
with mentally disabled children, for example, have occurred in
some housing projects. There also has been criticism that
mentally disabled children are not allowed opportunities to
"mainstream" into public school programs. The Government is
generally receptive and sympathetic to these concerns; it
encourages greater employment for the disabled and seeks
improved access to public facilities for those physically
impaired. However, there is as yet no law mandating
accessibility provisions for disabled persons.
Section 6 Worker Rights
a. The Right of Association
The right of association and the right of workers to establish
and join organizations of their own choosing are guaranteed
under local law. Trade unions must be registered under the
Trade Unions Ordinance. The basic precondition for
registration is a minimum of seven persons who serve in the
same occupation. The Government does not discourage or impede
the formation of unions. During 1992, 11 new unions were
registered. However, only about 525,000 workers (or 18.5
percent) out of a total labor force of 2.84 million belong to
one of the 522 registered unions, most of which belong to one
of three major trade union federations.
Work stoppages and strikes are permitted. However, there are
some restrictions on this right for civil servants. Even
though the Employment Ordinance recognizes the right to strike,
in practice most workers must sign employment contracts which
typically state that walking off the job is a breach of
contract and can lead to summary dismissal. The Employment
Ordinance also permits firms to discharge or deduct wages from
staff who are absent on account of a labor dispute.
Hong Kong labor unions may form federations, confederations,
and affiliate with international bodies. Any affiliation with
foreign labor unions requires the consent of the Government.
All such requests have been granted. As a dependent territory
of the U. K., Hong Kong is not a member in its own right of the
International Labor Organization (ILO). The U.K. makes
declarations on behalf of Hong Kong concerning the latter's
obligations regarding the various ILO conventions. To date,
Hong Kong has implemented provisions applying 29 conventions in
full and 18 other with modifications. In the Basic Law, China
undertook to continue to adhere to these conventions after 1997.
b. The Right to Organize and Bargain Collectively
The right to organize and bargain collectively is guaranteed by
law. Hong Kong laws pertaining to collective bargaining cover
mainly the shipping, textile, public transport, public utility,
and carpentry trades, and the catering, construction, public
service, and teaching professions. Wages are determined by
market factors. While collective bargaining does take place,
it is not widely practiced, and in general there are no
mechanisms specifically to encourage it. Unions generally are
not powerful enough to force management to engage in collective
bargaining. The Government does not encourage it, since the
Government itself does not engage in collective bargaining with
civil servants' unions but merely "consults" with them. Free
conciliation services are afforded by the Labor Relations
Division of the Department of Labor (DOL) to employers and
employees involved in disputes dealing with arrears of wages,
wages in lieu of notice, severance pay, and breaches of
contractual employment terms. The DOL is charged with finding
a mutually acceptable settlement, although it does not have the
authority to impose a solution. The DOL is not required by law
to allow unions to represent employees in these proceedings.
Instead, union representation depends upon the mutual consent
of both the employee and the employer.
Workers are protected against antiunion discrimination under
Hong Kong legislation. Employees who allege such
discrimination have the right to have their cases heard by the
DOL's Labor Relations Division. Employers who attempt to
prevent or deter an employee from joining a labor union, or who
terminate an employee for joining a labor union, are liable to
a fine of approximately $650. However, the employers are not
required to reinstate the employee or to compensate him.
The International Confederation of Free Trade Unions (ICFTU) is
highly critical of the inadequacy of Hong Kong's labor
legislation, with its failure to protect the right to strike,
and provisions allowing dismissals and disciplinary action
against trade unionists going on strike. The ICFTU cites as an
example the 17-day strike by the Flight Attendant's Union at
Cathay Pacific at the beginning of 1993, in which striking
workers were threatened with disciplinary action and
dismissal. Individual labor claims are also adjudicated by the
Labor Tribunal, a part of the judicial branch, which is
supposed to provide quick and inexpensive machinery for
resolving certain types of disputes. The Tribunal complements
the conciliation service provided by the Labor Relations
Division. Union leaders complain, however, that the Tribunal
takes too long--an average of 133 days--to hear workers' cases.
There are no export processing zones in Hong Kong.
c. Prohibition of Forced or Compulsory Labor
Existing labor legislation prohibits forced labor, and it is
not practiced.
d. Minimum Age for Employment of Children
The Employment of Children Regulations prohibit the employment
of children under age 15 in any industrial establishment.
Children aged 13 and 14 may be employed in certain
nonindustrial establishments, subject to conditions aimed at
ensuring a minimum of 9 years' education and protecting their
safety, health, and welfare. During 1992, 9 campaigns against
the employment of children covered about 26,100 establishments
and found 18 children working in violation of the law,
according to the annual report of the Commissioner for Labor.
A number of these cases were successfully prosecuted and fines
of around $200 were levied.
e. Acceptable Conditions of Work
There is no minimum wage except for foreign domestic workers.
Aside from a small number of trades and industries where a
uniform wage structure exists, wage levels are customarily
fixed by individual agreement between employer and employee and
are determined by supply and demand. In view of continued
tightness in Hong Kong's labor market (unemployment averaged
about 2.1 percent for 1993), wage increases were given to most
workers, particularly those in the construction industry and
service sectors. Many employees also receive a year-end bonus
of a month's pay or more. Some employers in the manufacturing
sector provide workers with various kinds of allowances, free
medical treatment, and free or subsidized transport.
There are no legal restrictions on hours of work for men. The
Women and Young Persons (Industry) Regulations under the
Employment Ordinance control hours and conditions of work for
women and young people aged between 15 and 17. Work hours are
limited to 8 per day and 48 per week between 6 a.m. and 11 p.m.
(between 7 a.m. and 7 p.m. only for women, however, this
provision is very loosely enforced) for persons age 16 or
over. Overtime is restricted to 2 hours per day and 200 days
per year for women and is prohibited for all persons under 18
in industrial establishments. The regulations also prohibit
women and young persons from working underground or, with the
exception of males aged 16 and 17, in dangerous trades. The
Labor Inspectorate conducts workplace inspections to ensure
compliance with these regulations. During 1992 it carried out
198,748 inspections of approximately 190,000 establishments in
industrial and nonindustrial sectors, which resulted in 3,624
prosecutions of employers and a wide range of fines depending
on the seriousness of the violation. The employment of
underaged workers is generally not a serious problem.
The DOL Factory Inspectorate sets basic occupational safety and
health standards, provides education and publicity, and follows
up with enforcement and inspection in accordance with the
Factories and Industrial Undertakings Ordinance and subsidiary
regulations. The Inspectorate pays particular attention to
safety in high-risk areas of factories and construction sites,
with routine visits to factories and construction sites.
During 1992 inspectors visited 63,135 factories and 15,229
construction sites and issued 2,811 summons. As part of a
complementary effort, the DOL Occupational Health Division
investigates claims of occupational diseases and injuries at
work, conducts environmental testing in the workplace, and
provides medical examinations to employees in occupations that
involve the handling of hazardous materials. The small number
of inspectors--about 200--and the inability of workers to elect
their own safety representatives weaken the enforcement of
safety and health standards at the workplace. There is no
specific legal provision allowing workers to remove themselves
from dangerous work situations without jeopardy to continued
employment.
[end of document]
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