Replies to LegCo questions

LCQ6: Recommendations on children's well-being in Law Reform Commission reports

Following is a question by the Dr Hon Fernando Cheung and a reply by the Secretary for Health, Welfare and Food, Dr York Chow, in the Legislative Council today (May 23):

Question:

After consultation, the Law Reform Commission of Hong Kong published, by phases between 2002 and 2005, four Reports on "Guardianship of Children", "International Parental Child Abduction", "The Family Dispute Resolution Process" and "Child Custody and Access" respectively. In this connection, will the Government inform this Council:

(a) when the Government will proceed with legislative amendments to implement the recommendations made in the aforesaid Reports, and of the complementary measures to facilitate law enforcement;

(b) given that the policy areas covered in the aforesaid Reports are currently under the purview of different departments, how the Government ensures sufficient and good communication among various departments in implementing the relevant policies; and

(c) of the mechanism in place to enhance public awareness of the recommendations made in the aforesaid Reports and how it ensures that children's views are fully considered in the process to formulate the relevant policies?

Reply:

Madam President,

(a) The Government attaches importance to children's well-being, including law reform proposals concerning the welfare of children. In conjunction with other bureaux and departments, the Health, Welfare and Food Bureau is closely examining the 87 recommendations made by the Law Reform Commission (LRC) in its reports on Guardianship of Children, International Parental Child Abduction and Child Custody and Access. Moreover, the Home Affairs Bureau is examining with other bureaux and departments the 34 recommendations made in the report on the Family Dispute Resolution Process to strengthen family mediation services and enhance the family litigation process. As the recommendations have far-reaching implications and are inter-related in nature, it is necessary to conduct an extensive consultation with relevant departments and consider ways to follow up on the recommendations in a holistic manner. We have yet to reach a position on the recommendations at this stage, or draw up a timetable for amendments to be made to the existing legislation.

As for the recommendations made by the LRC on the Domestic Violence Ordinance (the Ordinance) in its report on Child Custody and Access, the Government has considered the recommendations in reviewing the Ordinance and has proposed legislative amendments to the Ordinance to better protect victims of domestic violence. We are now drafting the amendment bill and plan to introduce the bill into the Legislative Council within the current legislative session.

(b) For Government policies that straddle more than one bureau, we have established arrangements and mechanisms to facilitate the coordination within the Government. These arrangements are working well and provide the flexibility for prompt responses by the Government to meet up the changing needs and concerns of the community. Policy bureaux/departments will continue to work together to follow up on the recommendations made by the LRC. Upon completion of our study on the recommendations in the LRC reports and after we have come up with our preliminary views, we will consider conducting further public consultation on our views and proposals. Once we have drawn up the work plan, we will set up an inter-departmental working group to follow up on the implementation.

(c) As to the work carried out by the LRC to promote public awareness of its reform proposals, the LRC's Guardianship and Custody Sub-committee conducted a three-month consultation exercise on its proposals on guardianship and custody in December 1998 prior to the publication of the four reports. After that, the LRC published the reports through a press conference or a press release. Hard copies of the reports were distributed to all Executive Council and Legislative Council Members, all District Council Secretariats and District Offices, public libraries, university libraries and other relevant organisations. In addition, the English and Chinese versions of the four reports were uploaded onto the LRC website.

Upon completion of our study on the recommendations in the LRC reports, we will consider conducting further public consultation on our views and proposals.

In the policy formulation process, Government bureaux and departments will take into consideration the impact of the relevant policy or legislation on different quarters and the views of related sectors and age groups. This arrangement is also applicable to child-related policy initiatives. On the welfare policy front, we seek to provide "child-centred, family-focused and community-based" family welfare services. We have also put in place a comprehensive welfare policy to cater for the needs of children in different stages of their development.

Thank you, Madam President.


Ends/Wednesday, May 23, 2007
Issued at HKT 14:26

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