香 港 人 權 監 察
HONG KONG HUMAN RIGHTS MONITOR
香 港 上 環 文 咸 西 街 44-46 號 南 北 行 商 業 中 心 602 室
Room 602, Bonham Commercial Centre, 44-46 Bonham Strand West, Sheung Wan.
電話 Phone: (852) 2811-4488
傳真 Fax: (852) 2802-6012
Proposed List of issues with the consideration of the initial report of Hong Kong Special
Administration Region (HKSAR) (CRPD/C/CHN-HKG/1)
August 2011
General Provision (Article 1 to 4)
1.
Please provide information on the portfolio of Labour and Welfare Bureau and Constitutional
and Mainland Affairs Bureau. Implementation of CRPD in Hong Kong is under the portfolio
of Labour and Welfare Bureau, does it represent that HKSAR Government treat the rights of
persons with disabilities as welfare rather than human rights?
2.
Please provide information on how and when the long-term and short-term goals for the
development of rehabilitation services in HKSAR set out in the latest version of the Hong
Kong Rehabilitation Programme Plan can be achieved.
3.
Please provide information on the definition of disability under different approach in HKSAR.
Does the HKSAR Government mainly interpret disability mainly from a biological or
medical approach? What kind of local circumstances would affect the HKSAR Government’s
decision to implement International Classification of Functioning, Disability and Health in
HKSAR?
4.
Please provide information on the effects on human rights protection due to the lack of a
statutory human rights commission. How the “extensive institutional framework of
organizations” can take over the role of statutory human rights commission to promote and
safeguard different human rights?
Equality and non-discrimination (Article 5)
5.
Please provide information on whether the HKSAR Government would initiate the
amendments on Disability Discrimination Ordinance, especially according to the proposal of
Equal Opportunities Commission in 1999 and the views?
Women with disabilities (Article 6)
6.
Please provide information on the effectiveness of gender mainstreaming, especially for
women with disabilities in HKSAR. Also please explain if the HKSAR Government provides
additional concerns and measures to promote the rights of women with disabilities.
Children (Article 7)
7.
Please explain the HKSAR Government’s position on establishing a Children Commission.
How the principle of “best interest of child” is applied on different policies and measures of
the HKSAR Government implemented on children with disabilities?
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Awareness-raising (Article 8)
8.
Please provide information on the effectiveness of various measures, programmes and
activities on public education on the rights of persons with disabilities.
9.
Please provide detailed information on the new curriculum of Liberal Studies for senior
secondary students. How the issue on the rights of persons with disabilities is included in the
new curriculum?
Accessibilities (Article 9)
10.
Please explain why the Building Ordinance and its Building (Planning) Regulations as well as
Design Manual: Barrier-free Access 1997 and 2008 are not applicable to premises under the
management of the Government or the Housing Authority. How does such exemption affect
premises under the management of the Government or the Housing Authority on providing
barrier free access to persons with disabilities, given that the Equal Opportunities
Commission found that some publicly accessible premises owned or managed by the Housing
Authority or various Government departments built after 1997 fail to provide all key access
facilities in full compliance with Design Manual: Barrier-free Access 1997. Also please
provide information on how does the Government facilitate the buildings built before 1997 to
provide barrier-free access facilities.
11.
Please provide data on violation of the Building Ordinance and its Building (Planning)
Regulations regarding on provision of barrier-free access facilities. Please provide
information on the details of the law enforcement work on provision of barrier-free access
facilities.
12.
Please provide details of actions which the HKSAR Government has done to urge for the
provision of better barrier-free access facilities and fare concession to persons with
disabilities from the public transport. Please also provide what measures the HKSAR
Government, as the main owner of Mass Transit Railway and the one to grant for franchise to
most of public transport in HKSAR, would plan to implement to urge for better barrier-free
access facilities and fare concession?
Right to life (Article 10)
13.
Please explain how the proposed Medical Priority Dispatch System could facilitate the needs
of some persons with disabilities who cannot fully speak in Chinese and English for
emergency services?
Equal recognition before the law (Article 12)
14.
Please explain how the recommendations on relaxing the financial eligibility limits of legal
aid applicants can facilitate persons with disabilities to enjoy legal aid services, given the
high legal cost in HKSAR and the financial capacity of persons with disabilities.
Freedom from exploitation, violence and abuse (Article 16)
15.
Please provide data about violence against women with disabilities. Please also provide
information on the training of law enforcement officers on handling violence against women
with disabilities, and the effectiveness of the measures taken to assist victims of violence
against women with disabilities.
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Protecting the integrity of the person (Article 17)
16.
Please provide information on the mechanism of detention order of a mental illness person
under the Mental Health Ordinance. Please also explain how the existing mechanism can
ensure that such detention order is only made to necessary mental health patients.
Living Independently and Being Included in the Community (Article 19)
17.
Please provide information on the adequacy of the community care and support services
provided by the Social Welfare Department. Please explain if the HKSAR has planning on
increasing the number of community care and support services provided.
18.
Please explain measures taken by the HKSAR Government to lessen the burden of the family
carers of persons with disabilities?
19.
Please provide information on a comprehensive plan and timetable to enhance the Case
Management Programme for mentally ill persons. Please also provide the plan of the HKSAR
Government on how and when the Government can implement the Integrated Community
Care for Mental Wellness in all 18 districts in HKSAR.
20.
Please provide detailed information on the Residential Care Homes (Persons with Disabilities)
Ordinance which was passed in June 2011. Please explain if the HKSAR Government will
amend the Residential Care Homes (Persons with Disabilities) Regulations to enhance the
requirements for barrier-free access. Please also explain if the HKSAR Government will help
to locate the persons with disabilities to qualified private residential care homes.
Freedom of expression and opinion, and access (Article 21)
21.
Please provide information on the training and registration of sign language interpreters. How
many registered sign language interpreters in HKSAR? Please explain if the HKSAR
Government plans to enhance such training. Please also explain if the HKSAR Government
would provide resources for sign language interpretation for the programmes of Radio
Television Hong Kong, and make it as a requirement for the local TV broadcasters to during
the renewal of their licences.
Education (Article 24)
22.
Please provide information on quantity and quality of the early identification of persons with
disabilities. Please provide information on how the Government would enhance the early
identification services, including the training of medical officers to improve its quality and
shorten its waiting time, and the extension of Comprehensive Child Development Service to
cover all the 18 districts in HKSAR. Please also explain if the HKSAR Government to
combine cases handled by the Education Bureau and Department of Health.
23.
Please provide information on the support of inclusive education for students with disabilities
to study in mainstream schools. Please explain how the HKSAR Government support schools
which have students with different kinds of disabilities. Please also explain how the HKSAR
Government’s target that in 5 years, at least 10% if teachers in each ordinary school will have
received special education training.
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24.
Please clarify the policy of Education Bureau that only students with severe or multiple
disabilities will be placed into special schools, and explain the situation that quite a number of
special schools are facing school banning due to falling enrolment.
Health (Article 25)
25.
Please explain if the medical support to persons with disabilities who do not receive
Comprehensive Social Security Scheme is adequate for them to cover their medical
consultation fee. Please provide information if the HKSAR Government will amend the Drug
Formulary to subsidize some more effective, but more expensive medicines for persons with
disabilities including chronic diseases and mental health patients.
26.
Please explain how the proposal of Healthcare Reform would be beneficial to persons with
disabilities, especially that they are not necessary to wait for a long time to enjoy high quality
medical services.
27.
Please provide information if the Government will take any measures to enhance the quality
of general public medical services. Please also provide information on training of medical
staff, especially psychiatric staff to enhance the quality of medical services and shorten the
waiting time of patients including persons with disabilities.
Work and employment (Article 27)
28.
Please provide information on the provision of vocational rehabilitation and training services
to the persons with disabilities, especially the quantity, area and the effectiveness of the
services. Please also explain if the Government considers implementing any policies to
encourage employers to hire persons with disabilities.
29.
Please provide information on the implementation of the Minimum Wage Ordinance (Cap.
608), especially the productivity assessment of persons with disabilities. Please explain if the
Government would review on the effectiveness of such assessment and amend the law. Please
also provide reasons to justify the amendment of Disability Discrimination Ordinance on the
exemption of dismissal due to the outcome of the productivity assessment.
Adequate standard of living and social protection (Article 28)
30.
Please explain why the Disability Allowance is provided to a person with a 100% loss of
earning capacity certified by a public medical officer, and not taking into account the nonmedical assessment and other actual circumstances.
31.
Please provide information on the amount of Comprehensive Social Security Scheme
provided to persons with disabilities, and evaluate if it is adequate to cover the daily expenses
of persons with disabilities given the high cost of living standard in HKSAR. Please also
explain if the HKSAR will consider relaxing the application of Comprehensive Social
Security Scheme to an individual basis.
Participation in Political and Public life (Article 29)
32.
Please provide information on the progress of finding polling stations which are accessible to
persons with disabilities. Could the HKSAR Government promise that in the District Council
election in November 2011, all polling stations are accessible to persons with disabilities? If
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not, please explain what further measures the HKSAR Government will take to facilitate
persons with disabilities to cast their vote?
Participation in cultural life, recreation, leisure and sport (Article 30)
33.
Please explain if the HKSAR Government will consider providing persistent funding to
support development of persons with disabilities in artistic and cultural activities. Please also
provide information on the support from the HKSAR Government on elite disabled artists.
34.
Please provide information to justify the huge difference of support grant and awards between
elite athletes with and without disabilities.
National implementation and monitoring (Article 33)
35.
Please provide information on the functions and powers of the Commissioner for
Rehabilitation. Please explain if the HKSAR Government would set the post of the
Commissioner for Rehabilitation at a higher rank.
36.
Please explain if the HKSAR Government would reform the mechanism to appointment of
members of the Equal Opportunities Commission to involve public participation. Please also
explain if adequate resources have been allocated to the Equal Opportunities Commission.
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