Hong Kong Committee on Children's Rights (Under the auspices of Against Child Abuse)

RECOMMENDATIONS

General Measures and Implementation

A thorough review of all legislation affecting the child in Hong Kong should be undertaken, harmonizing the law with the provisions of the Convention.

One, all-embracing Ordinance governing children in Hong Kong needs to be enacted, embodying the "best interest of the child" principle.

General Principles
Non-discrimination

The government should desist from continuing to treat unequally, refugee children and illegal immigrant children in Hong Kong. This is inconsistent with Article 20 of the Hong Kong Bill of Rights.

It is recommended that the reservations demanded by the Hong Kong Government pertaining to refugee and illegal immigrant children be withdrawn.

Respect for the views of the child
The views of the child should be respected both in legal practice as well as in statutory provisions.

Separate legal representation for the child should be the norm.

An amendment to the Adoption Ordinance is needed to allow a child a guardian ad litem in adoption proceedings.

Civil Rights and Freedoms
Name and nationality
A child born in Hong Kong who is illegitimate should have the same rights of citizenship and domicile as a legitimate child born in Hong Kong. The law relating to British Dependent Territory Citizenship needs amendment.

The Hague Convention on civil aspects of International Child Abduction should be made applicable to Hong Kong.

Family Environment and Alternative Care
Parental guidance and responsibility
A Child Policy to be adopted, clarifying family and government responsibilities towards children and establishing minimum standards of child care.

An independent Children's Commission to be established to promote and ensure the rights of children in policy and services affecting children, and to create channels for child participation.

It should be government policy to provide child care facilities for any child who needs placement.

Abuse and neglect
A central, child protection coordinating body to be set up. Multidisciplinary training in child protection to be established. A positive, nonviolent approach to child-rearing to be promoted.

Children deprived of a family environment
Visits to parents in prison to be extended for children.

In residential care, an in-depth service review and empirical research are urgently needed.

The child's voice must be listened to and a grievance procedure for children in care be instigated.

Basic Health and Welfare
Disabled children
Services to disabled children to be child-and family-centred, to be properly planned and integrated; a surveillance system to obtain prevalence rates to be implemented and shortfalls in rehabilitation services rectified.

Improved access to buildings, transport, information urgently needed.

Education and support for parents needed
Rehabilitative medicine needs recognition in Hong Kong, with improved training for rehabilitation staff.

Health and health services
A Child Safety Council should be set up to examine the circumstances of accidental childhood injuries and deaths and to propose safety standards.

Health education to be proactively planned and coordinated, rather than responding to crises.

Child health advocacy to be strengthened; child health education to be stepped up amongst professionals (e.g. : in accident and emergency departments) and amongst the general public (e.g.: children's nutritional needs).

Hospital services
The Government should ensure a/ space for parents to stay with their children in hospital b/ provision of facilities to play, including provision of play specialists, and c/ improved communication between staff and families.

Social Security
The standard rate of Comprehensive Social Security Assistance children's allowances to be raised and the reimbursement process improved.

Education, Leisure and Cultural Activities
Mother-tongue teaching
It is strongly urged that mother-tongue teaching be implemented in schools.

Aims of education
A holistic concept of child learning and development to be emphasized instead of the current over emphasis on the cognitive level and exam results, which appears to contribute to mental health problems and other problems.
Concepts of human rights and children's rights to be incorporated into school curricula.
More emphasis needed on environmental education.

Leisure, recreation
The value of play and the importance of leisure activities for children to be widely promoted.

Special Protection Measures
Refugee and illegal immigrant children
The government detention policy towards Vietnamese asylum-seekers must be reviewed and measures sought to expedite release of the (currently) 8,000 children in detention centres.

The government should release illegal immigrant mothers and children from prisons prior to deportation.

Children in conflict with the law
The age of criminal responsibility is recommended to be raised from 7 years to 10 years, in line with international standards.

A panel of suitable lawyers for representation of juveniles is recommended to be set up under the Duty Lawyer Scheme.

Amendments to the law are needed and methods found for the attendance of witnesses (including child witnesses) at trial, to avoid child witnesses being held in prison pending a trial.

(For the full report, please refer to the separate report titled "Report on The Rights of the Child in Hong Kong," by Hong Kong Committee on Children's Rights (Under the auspices of Against Child Abuse)