Press Releases
Government welcomes concluding comments made by the UN Committee on CEDAW
The Hong Kong Special Administrative Region (HKSAR) Government today (September
1) welcomes the concluding comments made by the United Nations Committee on the
Elimination of Discrimination against Women (the Committee) following its
hearing in New York in August 2006 on the second report submitted by the HKSAR,
as part of the PRC report, under the Convention on the Elimination of All Forms
of Discrimination against Women (CEDAW).
"In its concluding comments, the Committee expressed appreciation of the
delegation's comprehensive replies to the questions raised by members both
before and during the hearing. The Committee appreciated the frank and
constructive dialogue that took place at the hearing."
"The Committee also welcomed the active involvement of the civil society in Hong
Kong, in particular women's non-governmental organisations, in safeguarding the
human rights of women," a spokesman for the Health, Welfare and Food Bureau
said.
On the HKSAR's second report, the Committee set out in its concluding comments
its areas of concern and recommendations pertaining to combating domestic
violence, Small House Policy, functional constituency election, protection for
foreign domestic helpers, and the issue of application of the 1951 Convention
Relating to the Status of Refugees in Hong Kong.
"The Government will study carefully the Committee's observations and
recommendations, and will endeavour to respond positively to the recommendations
as far as practicable, taking into account the local circumstances," the
spokesman said.
On the issue of domestic violence, the spokesman said that the Committee had
commended the efforts made by the HKSAR Government to protect women against
violence, including the "zero tolerance on domestic violence" principle.
"We can assure the Committee that the Government takes a serious view of
domestic violence and spares no efforts in dealing with it. Violence acts are
liable to criminal charges under our law. Whether they happen in a domestic
context or other situations, they receive the same attention from our law
enforcement agencies.
"On prosecution figures, in 2005, the Police received 1,274 reported crime cases
related to domestic violence, out of which 67% (851 cases) have been brought to
the criminal court for binding-over or criminal charges as at end May 2006. This
would help convey a strong message to the perpetrators of domestic violence that
such violence acts will not be tolerated. The Police will continue to enforce
the law vigilantly," the spokesman emphasised.
"Besides legal protection, a wide spectrum of preventive, supportive and
specialised services is provided to victims of domestic violence and families in
need. As the HKSAR team had explained to the Committee at the hearing, in the
current financial year, more than HK$1,330 million has been allocated for
counseling, shelter, child care, clinical psychology, emergency financial
support and compassionate re-housing services for victims. We have also
strengthened training and coordination for social workers, police officers and
related professionals. We will continue to explore effective means to assist the
victims," the spokesman said.
As regards the Committee's observation on the need for a crisis support centre
for rape victims, the spokesman said that following a review of the services for
victims of sexual violence, the Government decided to introduce a new
comprehensive, one-stop shop service model involving multi-disciplinary
assistance for such victims. The new service is expected to be in place by early
2007.
"In respect of the Small House Policy, as the HKSAR team had addressed the
Committee during the hearing, the Government had already commenced a review of
the Small House policy, which involved wide-ranging and complex issues. The
Government is now carefully studying the various issues concerned with a view to
making preliminary proposals for more in-depth discussion by the stakeholders
and the community before proceeding further," the spokesman said.
Turning to the Committee��s concern on the functional constituencies, the
spokesman stressed that the Government did not agree that the current electoral
system contained structural obstacles to women's equal political participation.
"In Hong Kong, women and men enjoy the same right to vote as well as to stand
for election. It is a gross simplification to say the functional constituencies
are dominated by business organisations and professional bodies. The
constituencies represent substantial and important sectors of the community,
such as education, labour, social welfare, health care, and so on, in addition
to businesses.
"The electorate of the 28 functional constituencies is delineated in accordance
with a set of clearly established criteria. Indeed, of the 11 serving female
LegCo Members, five were returned from FC elections and six from the
geographical constituencies. There is no evidence that the FC elections have
disadvantaged female candidates," the spokesman said.
As to the Committee's concern about foreign domestic helpers (FDHs), the
spokesman pointed out that FDHs enjoyed the same rights and benefits provided
under the labour law as local workers in Hong Kong, and that they were further
protected by a standard employment contract and minimum allowable wage. As for
employment agencies, they are regulated under the Employment Ordinance. Any
breach of the law or malpractices could lead to criminal prosecution and
revocation of licences.
"On the issue of the 'two-week rule', it is important to note that the rule does
not preclude FDHs from working in Hong Kong again after returning to their
places of origin and does not lead to additional expenses on the part of the
FDHs as the passages are paid by their employers.
"Under exceptional circumstances, such as where the employment contract is
terminated due to external transfer, emigration, death or financial difficulties
of the employer, or where there is evidence that the helper had been abused, the
Immigration Department may allow the FDHs concerned to change employer without
requiring them to return to their home countries before commencing new contracts
in Hong Kong. Besides, FDHs seeking redress may apply to the Immigration
Department for extension of stay," the spokesman added.
The Committee expressed concern that the HKSAR had no intention of having the
1951 Convention Relating to the Status of Refugees extended to Hong Kong.
"Hong Kong is small in size and has a dense population. Our unique situation,
set against the backdrop of our relative economic prosperity in the region and
our liberal visa regime, makes us vulnerable to possible abuses if the 1951
Convention Relating to the Status of Refugees were to be extended to Hong Kong,"
the spokesman explained.
"Nevertheless, for humanitarian considerations, the Government has provided, on
a case-by-case and need basis, assistance-in-kind to refugees and asylum seekers
who required basic needs during their presence in Hong Kong," the spokesman
said.
The spokesman said that in accordance with the requirement of the Committee, the
Government would provide a full response to the Committee's concluding comments
in its third report under the Convention, which is due for submission by
September 2010 as part of the PRC seventh and eighth combined report.
The CEDAW Committee has published the advance unedited version of its concluding
comments on the PRC report on August 31, 2006 (New York time). The Committee's
concluding comments will be uploaded to the websites of the Health, Welfare and
Food Bureau at http://www.hwfb.gov.hk and
the Women's Commission at
http://www.women.gov.hk. Hard copies will also be available to the media and
members of the public on request.
Ends/Friday, September 1, 2006
Issued at HKT 20:46
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