Priscilla Lui
Against Child Abuse

1. Introduction/ History

Special concern urging for special attention and resource for abused/neglected children started in the late 70's. Tremedenous efforts from the NGO and concerned individual were spent in the 80's to shaken the public to see that children are being abused and harsh corporal punishment can constitute abuse regardless of the abusers intention. In the late 80's with fatal unattended cases hit the headlines: In 1986 (San Man Ping) 2 young children locked unattended in their premises were killed by a fire, 1991, 4 young children (Ho Man Tin) all under the age of 6, locked unattended in their premises killed by a fire as a result of child playing with lighter. Concern for unattended children pushed the coroner's office to accumulate statistics revealing the extent of the problem. In a 6 year period there were 113 unattended children killed, falling from high rise, burnt to death, poioned...

The alarming part was that the government and community at large were highly tolerant of such situation and were hesitant to define such cases as abuse (abuse does includes neglect) and to consider legislating to protect the unattended as undesirable, impractical and would infringe upon the right of parent. Concern for the home alone children, their physical, social and emotional well being, their rights to adequate care and supervision started this committee: first in (1991) named as a concern group for unattended children then later in 1992 evolved into its existing form as the Hong Kong Committee on Children Rights striving for recognition of children's rights for every child.

This Committee in the past existed under the auspices of the Against Child Abuse with its administrative support and on 28th Dec. 1995 registered as an ongoing, independent body still looking for funding to employ its own staff.

In the past 3 years this committee organized four Children Rights Conferences, two for professionals and two for children and young people with the aim to arouse community awareness and solicit expression and participation at all levels.

This Committee published a Report on The Rights of the Child in Hong Kong in October 1995 to identify areas of prior concern. This report has been and will continue to be sent to policy makers, legislators, relevant agencies and concerned individuals and the media.

This Committee has obtained some funding from the Civic Education Committee, and produced poster and booklets and widely distributed and displayed them to disseminate children rights messages.

This Committee with the fund from Save the Children Fund is translating a Children's Rights manual for a comprehensive Train the Trainees Program in the coming 2 years.

2. Hong Kong Children Rights Concern

2.1 Establishment

2.1.1 In Hong Kong Children's Right Concern differ from many of our neighboring countries. Children in Hong Kong enjoy very low infant and under 5 mortality rates. It has a reasonably well health care system and reasonably well socio-economic and living condition.

2.1.2. It has free and compulsory education, the Employment of Children Regulation enacted in 1979, amended in 1988, prohibited the employment of children except in certain circumstances and the employment of children under 13 in factory or industrial undertaking.

2.1.3. It can be seen that a good deal has been achieved for children in Hong Kong. Nevertheless much still await to be done and our modest establishment should not stand in the way for community locally and internationally to appreciate children's rights issues in Hong Kong.

2.2. Children's Rights Concern in Hong Kong are:

2.2.1 Firstly: Rights of Children in Difficult circumstances must be respected and protected.

"Illegal Immigrants" and "Refugee Children seeking asylum in Hong Kong."

Article 2 of the United Nations Convention requires that "states Parties should respect and ensure the rights setforth in the present Convention to each child irrespective of the child's or parents or legal guardians race... or other status".

This obligation is not fulfilled, however, in respect of refugee and illegal immigrant children in Hong Kong, the former in detention centres, the latter in prison awaiting deportation. They have not for example, had access to comparable education and other faculties available to children resident in Hong Kong.

Despite article 28, since 1993, the UNHCR has systematically reduced educational and recreational services (as a detention) refugee camps. Secondly, school in detention centres ended in July 1995 and Primary school for Chinese children had already ended.

The children of Whitehead detention staged a peaceful demonstration refusing to leave the school until they had been heard. An agreement was reached that they would write to the UNHCR office urging for the school to remain open. To date they have not received a reply. The UNHCR did not hear the children's voice or they are not listening.

Illegal immigrant children are held in prison usually with their mothers, pending deportation to China. The liberty of theses children should be sought by means of bail applications for them and their mothers. It is recommended that both mother and child be released to their families on strict reporting conditions if necessary, so that they can lead a normal life, until they are returned to China.

Special protection measures need to be made available to all children, particularly to children who are either: orphans and abandoned children, physically and intellectually disabled, children taken into care, children accused of a criminal offense, children caught up in custody battles, physically, sexually or psychologically abused children and children in detention, by illegal immigrant children, refugee child, asylum seeking children with or without parents.

2.2.2. Secondly: For every children - they have their rights.

As Max Ediger in his "Burma Issues" has put it very clearly "the most grassroots of the grassroots must be given a voice in identifying what is an Asian perspective of human rights", we urge for children, the valuable grassroots of the grassroots be given a voice in identifying what is their rights!! Efforts must be spent in this direction in the coming decade.

Though most of our children receive free and compulsory education, only very few have been empowered to understand that they have rights and that there are community laws and universal laws about their rights and against what they are suffering.

Some form of mechanism must exist to make this possible for children (not only child advocates) to express and participate and for society to respond to children's voice. The spirit of democracy, democratic structure and a non-violout approach must be seen in policy and legislation and democratic structure must start from the family, for the very young with the very young.

3. Conclusion

The United Nations Convention on the Rights of the child has been extended to Hong Kong since Sept. 1994 but with the least publicity and education and with reservations. These reservations are unacceptable and has degraded the rights of children.

We strongly urge the government to adopt a comprehensive, up-dated child policy by clarifying family and government responsibility towards children and define the consequences of disregarding those responsibilities.

We urge the set up of an independent child Commissions to ensure compliance with the convention.

Much support and preparation is important in assisting our children to face the transition of the community back to the Chinese sovereignty. Their right to access of information and their right to full participation regarding their future have not been allowed in its fullest extent.

Increase in family, breakdown is adversely infringing upon children's rights. Children were constantly caught between battles of parents and family members and often times not being properly informed of break up and who they will stay for the rest of their lives.The List of Participants

Mary Yuen, Justice & Peace Commission of Catholic Diocese of Hong Kong, Hong Kong.
Rose Wu, Hong Kong Women Christian Council, Hong Kong.
Tong Ka Wing, Denise, Hong Kong Women Christian Council, Hong Kong.
Priscilla Lui, Committee for the Rights of Child Against Child Abuses, Hong Kong
Mok Miu Ying, HKWWA, Hong Kong.
Mary Ann King, Hong Kong.
Mark Daly, Refugee Concern, Hong Kong.
Titos Escueta, Asian Regional Exchange for New Alternatives, Hong Kong.
Rex Varona, Asian Migrant Centre, Hong Kong.
Rungtip Imrungruang, Friends of Thai, Hong Kong.
Shum Yun Shan, Committee for Asian Women, Hong Kong.
Jenny Kam, Asian Centre for the Progress of Peoples, Hong Kong.
Jennifer Porges, Asia Monitor Resource Centre, Hong Kong.
Chan Ka Wai, Hong Kong Christian Industrial Committee, Hong Kong.

Xiao Qiang, Human Rights in China, U. S. A.

Jaime Ximenes, East Timor Solidarity Group, Macau.

Amy Furuya, Japan.
Akio Kawamura, Human Rights Information and Documentation Centre (Hu-Rights) Osaka, Japan.
Yasushi Higashizawa, Japan Civil Liberties Union, Japan.

Stephen S. Lee, Taiwan Association for Human Rights, Taiwan.
Jeng Tsuen-Chyi, Taiwan.
Hsu Su-Fen, Fishermen's Service Centre, Taiwan.

Rev. Kim Kyung-Nam, National Council of Churches Korea, South Korea.
Oh Byung-Sun, Department of Law, Sogang University, South Korea.
Lee Seong-Hoon Anselmo, Korean Human Rights Network (KOHRNET), South Korea.
Jennifer H. Chang, Korean Human Rights Network (KOHRNET), South Korea.

Basil Fernando, Asian Human Rights Commission, Hong Kong.
Wong Kai Shing, Asian Human Rights Commission, Hong Kong.
Bo Hallengren, Asian Human Rights Commission, Hong Kong.
Sanjeewa Liyanage, Asian Human Rights Commission, Hong Kong.