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TITLE: HONG KONG HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
HONG KONG
Hong Kong, a small, densely populated British dependency, is a
free society with legally protected rights. 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.
The Governor appoints an advisory Executive Council and a
partially representative Legislative Council has limited
powers.
A well-organized civilian police force maintains public order
and generally respects the human rights of the populace. There
were, however, instances in which police used excessive force.
Hong Kong, a major regional and international trade and
financial center, is the principal gateway for trade and
investment with China. Its prosperous free market economy
operates on the basis of minimal government interference. Per
capita gross domestic production was about $20,000 in 1994.
Human rights monitors, journalists, and concerned legislators
criticized the Government for opposing major human rights
initiatives, including the establishment of a human rights
commission and legislation against discrimination. Human
rights problems included an increasing amount of
self-censorship by the media, the inability of people to change
their government, and discrimination against women. There were
allegations of police use of excessive force; the authorities
investigated and punished offenders in accordance with existing
laws and regulations.
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 reports of political or other extrajudicial
killings.
b. Disappearance
There were no reports of disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The law forbids torture and other extreme forms of abuse and
stipulates punishment of those using them. However, police
officers continued to use excessive force. During the first
half of the year, complainants filed 797 allegations of assault
by the police. As of July, the authorities had substantiated
64 of these.
Disciplinary action ranged from criminal proceedings to
dismissal or warnings. The Office of Police Complaints
investigates complaints. The Police Complaints Committee,
which consists of independent members appointed by the
Governor, monitors and reviews the handling of such
complaints. The Government, however, continues to resist
public calls for the creation of an independent body to
investigate allegations of police abuse.
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
The judicial and legal systems are organized according to
principles of British law and legal precedent, and feature,
inter alia, an independent judiciary and trial by jury. The
law provides the right to a fair public trial, and this is
respected in practice.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The law provides for the right of privacy, and the Government
generally respects this right. The Independent Commission
Against Corruption (ICAC) is vested with powers which are
normally exercised only by a judicial officer. Amendments to
ordinances governing the ICAC deprived it of this 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
the United Kingdom. Numerous views and opinions, including
those independent or critical of the British, Hong Kong, and
Chinese Governments are aired in the mass media, in public
forums, and by political groups. International media
organizations operate freely. However, several ordinances
permit restrictions of the press, although authorities rarely
impose them. The Government required a permit for the
screening of a controversial British Broadcasting Corporation
(BBC) documentary on Mao Zedong by the Foreign Correspondents
Club, after China raised objections, but permitted the program
to be shown.
The imminent return to Chinese control, however, led some
journalists to practice self-censorship. Several incidents
during the year had a chilling effect on Hong Kong's media and
on the media's judgments of the future press environment after
1997. These included 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," the
Chinese Government's secret trial and sentencing of Hong Kong
reporter Xi Yang to 12 years' imprisonment for stealing "state
financial secrets," and Chinese Government actions taken
against Hong Kong businessman/publisher Jimmy Lai's commercial
establishments in Beijing after Lai published an open letter
critical of Chinese Premier Li Peng. Following up these
incidents, Asia Television (ATV) executives attempted to cancel
a news program about the sixth anniversary of the June 4, 1989,
Tiananmen Massacre. This sparked resignations by members of
the station's senior editorial staff, who alleged that
management feared possible repercussions from Chinese
Government objections to the program's airing. Management
decided to broadcast the program. In April the Newscorp
Satellite Broadcasting Station, STAR TV, terminated broadcast
of BBC news from its northern beam, which covers China and Hong
Kong. It is widely assumed that Newscorp did so because of
Chinese Government objections to the BBC's "critical" reporting
on China.
Journalists report that such self-censorship is also increasing
for commercial reasons, as Hong Kong-based media organizations
which are expanding their ties in China seek to avoid offending
the Chinese Government. Following Chinese objections to a Hong
Kong Government proposal to privatize the government-owned
Radio Television Hong Kong (RTHK), there have been no further
efforts by the Hong Kong Government to do so. The Government
opposed freedom of information legislation proposed by
Legislative Council members and instead decided that an
administrative code of practice on access to government
information should be developed.
b. Freedom of Peaceful Assembly and Association
The authorities imposed no significant hindrance on the freedom
of peaceful assembly and association, although the amended
Societies Ordinance requires officeholders to notify the Police
Commissioner of the formation of a society. The Societies
Officer may recommend to the Secretary for Security that the
operation or continued operation of a society be prohibited if
he reasonably believes that the operation or continued
operation may be prejudicial to the security of Hong Kong, or
to public safety, or public order. While the provision in the
Ordinance allowing the Government to refuse to register an
organization "incompatible with peace, welfare, or good order"
or affiliated with a political organization abroad was repealed
in 1992, China adopted similar language in the Basic Law which
will become effective in 1997.
c. Freedom of Religion
The Hong Kong bill of rights includes a provision prohibiting
discrimination on the basis of religion. The various faiths
represented in Hong Kong are able to practice without
restrictions.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Government does not impose restrictions on the travel of
legal residents or visitors within or outside Hong Kong.
Hong Kong has never refused to accept nor pushed off Vietnamese
boat people. Refugee status was automatically accorded prior
to June 1988, after which boat people were screened to
determine their status, and held in prison-like detention
centers awaiting resettlement in other countries or
repatriation to Vietnam. In 1991 the United Kingdom and
Vietnam reached agreement on the mandatory repatriation of
those whom the authorities determined not to be refugees. The
Hong Kong Government completed all initial screening of
Vietnamese asylum seekers in March. The Government announced
completion of all secondary screening by the Refugee Status
Review Board.
Reintegration assistance programs inside Vietnam, funded by the
European Union, the Hong Kong Government, the U.N. High
Commissioner for Refugees (UNHCR), and the United States
provided an incentive for those not eligible for third-country
resettlement to return to Vietnam. On August 8, the Hong Kong
Government began offering a "special reintegration allowance"
of $150 to all Vietnamese migrants who by year's end
volunteered to repatriate. Funding came from money set aside
by the British Government. Of those found ineligible for
resettlement or not yet screened, since 1989 more than 44,217
have voluntarily returned under the Comprehensive Plan of
Action agreed on in Geneva in that year, with 5,581 returning
in 1994. Some 24,000 Vietnamese boat people remain in Hong
Kong. In May 1992, the Government reached agreement with
Vietnamese authorities on an Orderly Return Program (ORP) for
the compulsory return of screened-out nonrefugees in 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 a flight's scheduled
departure. Government security officers then escort all those
being mandatorily returned on to the plane and accompany the
flight to Vietnam.
On April 7, 1,250 security officials used over 550 canisters of
tear gas to remove 1,500 screened-out asylum seekers protesting
the selection of individuals for the ORP. Scores of persons
were injured, and a government investigation resulted in the
indictment of three security officers charged with using
excessive force. While initial stories of a similar operation
conducted in September mentioned 200 injured asylum seekers, a
report later issued by three neutral nongovernmental
organization observers discounted those claims and praised the
government's handling of the incident. In a third action about
a month later, security officials again used minimal force,
which resulted in three minor injuries to protesting asylum
seekers. The Government recently has adopted new procedures to
prevent excessive violence, including the regular appointment
of independent monitors to observe such operations. ORP
flights resumed on September 20 and by year's end the
Government had returned 250 persons aboard ORP flights, and a
total of 1,175 persons since the program began.
The Government maintained its policy of deporting illegal
Chinese immigrants to China, except in rare instances in which
a person was found to be qualified as a refugee within the
meaning of the U.N. Protocol on the Status of Refugees. There
were 2,400 ethnic Vietnamese who fled from China to Hong Kong
in 1993. Called Ex-China Vietnamese Illegal Immigrants
(ECVIIS) by the Government, they were not recognized as
refugees by the UNHCR or local authorities, and 446 were still
in detention as of December; another 14 were released when
Chinese authorities were unable to verify that they had been
resettled in China.
Following China's expulsion of Han Dongfang, a Chinese labor
organizer, when he returned to China in August 1993, the
Government has repeatedly renewed Han's permit to remain in the
territory. The Chinese Government has refused to allow Han's
return to China. (See also the China report.)
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Although the Government has adopted measures to democratize
district and municipal boards and the Legislative Council,
citizens of the Territory do not have the right to change their
governor and only very limited ability to effect changes in
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.
The Legislative Council enacts and funds legislation. It also
debates policy and questions the administration. Although the
Legislature's power to initiate legislation is limited (all
bills with budgetary implications, for example, must be
approved by the Government before introduction), it has become
increasingly assertive. The Governor has ultimate control of
the administration of Hong Kong but, by convention, rarely
exercises his full powers. In practice, decisions are reached
through consensus.
Political parties and independent candidates are free to
contest seats in free and fair elections. Representative
government employing universal franchise exists at the local
district board level. All municipal board members will be
elected in 1995. However, of the Legislative Council's 60
members, only 18 were elected by universal suffrage in 1991,
and this number will increase by only 2 in elections in 1995.
Currently, 21 members were either appointed by the Governor or
are themselves government officials. Another 21 were elected
by functional constituencies which 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. The Legislative Council adopted Governor Chris
Patten's proposals broadening the political franchise by
lowering the voting age from 21 to 18, opening all district
board seats to direct election, increasing the number of
Functional Constituencies (elected by professional groups) from
21 to 30, and providing Hong Kong residents greater say in the
selection of Functional Constituency Legislative Council
members previously selected by narrow constituencies.
The Government is also implementing legislation which will
abolish all appointed seats in the 1995 election and
significantly broaden functional constituencies to allow all
working residents a second vote. These measures will still not
result in a fully representative, democratically elected
government. In the absence of prior Sino-British agreement on
these measures, the Chinese Government announced its intention
to disband Hong Kong's elected bodies when the territory
reverts to China in 1997.
Hong Kong Chinese are seriously underrepresented in senior
government positions. The Government is continuing efforts to
place Hong Kong Chinese in senior positions and has publicly
committed to fill "principal official" posts with local
officers before 1997. Expatriates remain in key positions in
the Legal Department and judiciary. The Government's efforts
to add Chinese to the Government have been opposed by a group
of expatriate government workers who have undertaken legal
action against the Government, claiming they are being
discriminated against under the provisions of Hong Kong's Bill
of Rights. The case is still pending. Women are playing a
greater role in politics, with greater numbers running for
public office in the 1994 elections than ever before. Women
comprise 13 percent of the Legislative Council and 36 percent
of the senior ranks of the government secretariat.
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 consistently cooperated with
international and nongovernmental human rights organizations on
human rights issues. The International Covenants on Civil and
Political Rights and on Economic, Social, and Cultural Rights
currently apply to Hong Kong through the United Kingdom. The
UNHCR and nongovernmental human rights organizations have full
access to camps for Vietnamese boat people.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
There is no legislation banning discrimination. Some
Legislative Council members supported the introduction of
antidiscrimination measures addressing the problems of sex,
age, race, and age discrimination, but the Government opposed
the legislation, indicating that it would introduce its own
bill banning discrimination on the basis of sex and
disability. It has not yet done so. The Chinese language has
equal status with English in government operations except in
judicial proceedings. To help remedy this, the Government has
increased the number of directorate officers in the Legal Aid
Department proficient in Chinese from three (of nine) to
seven.
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 agency
which receives some government subsidies, 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 crisis to the public eye, but
also to the Government's failure to publicize information about
the assistance and resources available.
Women face discrimination in the areas of employment, salary,
welfare, inheritance, and promotion. Discrimination on the
basis of age, particularly in hiring practices, is openly
practiced and is not prohibited by law. Legislation to
prohibit existing clan practices in the New Territories which
discriminate against women on the basis of inheritance rights
recently was approved by the Legislative Council in 1994.
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.
People with Disabilities
There is no law mandating accessibility to buildings and
government services for disabled persons. Organizations and
individuals representing the interests of the disabled claim
that discrimination exists in employment, education, and the
provision of some state services. The Government continues to
oppose legislation addressing the needs of people with
disabilities.
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 provided for
by 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 1993, 22 new trade unions were registered.
Approximately 543,800 workers (roughly 20 percent) of a total
labor force of 2.6 million belong to the 532 registered unions,
most of which belong to one of three major trade union
federations.
Work stoppages and strikes are permitted. However, the
Government places 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.
Labor unions may form federations, confederations, and
affiliate with international bodies. However, the Government
must approve any affiliation with foreign labor unions. The
Government has never refused such applications. The United
Kingdom makes declarations on behalf of the territory
concerning Hong Kong's obligations regarding the various
International Labor Organization (ILO) conventions. To date,
Hong Kong has implemented provisions applying 31 ILO
conventions in full and 18 others 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
Although there are no laws mandating collective bargaining, ILO
Convention 98 on the right to organize and bargain collectively
is one of the 31 ILO conventions referred to above which are
applied without modification in Hong Kong. Wage rates in a few
trades such as tailoring and carpentry are determined by
collective bargaining, but most wages are set by market forces.
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 which may
involve statutory benefits and protection in employment as well
as arrears of wages, wages in lieu of notice, and severance
pay. The DOL assists employers and employees to reach amicable
settlements but 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, although it takes a
positive attitude toward the participation by trade unions in
dispute negotiations. The Labor Tribunal Ordinance provides
that an office bearer of a registered trade union, who is
authorized in writing by a claimant or defendant to appear as
his representative, has the right of audience in the labor
tribunal.
The law protects workers against antiunion discrimination.
Employees who allege such discrimination have the right to have
their cases heard by the DOL's Labor Relations Division.
Violation of the antiunion discrimination provisions under the
Employment Ordinance is a criminal offense carrying a maximum
fine of $2,564. However, employers are not required to
reinstate or compensate an employee.
The International Confederation of Free Trade Unions (ICFTU)
has strongly criticized as inadequate Hong Kong's labor
legislation because of its failure to protect the right to
strike, and its provisions allowing dismissals and disciplinary
action against striking trade unionists. The Labor Tribunal
adjudicates individual labor claims, purportedly to provide a
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 130 days--to hear workers' cases.
There are few protections for almost 100,000 Filipino domestic
workers who face deportation if dismissed by their employers
and are thus vulnerable to abuse.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
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 businesses, subject to conditions aimed at
ensuring a minimum of 9 years' education and protection of
safety, health, and welfare. During 1993 the Government
launched 14 large-scale campaigns against the employment of
children. They found only five children who were working in
violation of the law. The Government successfully prosecuted
four of these cases, with fines of around $370 levied in each
case.
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 market supply and demand. Because of
continued shortages in the labor market (unemployment was
around 2 percent), wage increases were given to most workers,
particularly those in the construction industry and service
sectors.
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 15 to 17. Work is limited to 8
hours per day and 48 hours per week between 6 a.m. and 11 p.m.
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. During 1993 the Labor Inspectorate conducted
161,830 workplace inspections of about 160,000 establishments,
resulting in 4,720 prosecutions. The employment of underaged
workers is 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 makes regular visits to
high-risk areas such as factories and construction sites.
During 1993 the Factory Inspectorate carried out 56,668
inspections of factories and 13,947 inspections of
constructions sites and issued 3,001 summonses. Fines depended
on the seriousness of the violation. In 1994 several serious
building collapses revealed the need for stronger government
enforcement and inspection efforts.
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 and the inability of workers to elect their own
safety representatives weaken the enforcement of safety and
health standards in 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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