Replies to LegCo questions

LCQ17: Follow-up on Law Reform Commission's reports relating to well-being of children

Following is a question by the Hon Albert Ho and a written reply by the Secretary for Health, Welfare and Food, Dr York Chow, in the Legislative Council today (June 20):

Question:

The Law Reform Commission of Hong Kong published 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. Since April 2005, the Administration has repeatedly postponed the date for briefing the Panel on Welfare Services of this Council on how it will implement the recommendations of the reports. In this connection, will the Government inform this Council:

(a) of the efforts made by the authorities to implement the recommendations of the above-mentioned reports since their publication, and the reasons for the slow progress;

(b) given that among the above-mentioned reports, the first three reports are being studied by the Health, Welfare and Food Bureau (HWFB), while the fourth one is being studied by the Home Affairs Bureau (HAB), whether the two bureaux have set up an inter-bureau working group to examine, from a holistic perspective, issues relating to the implementation of the recommendations of the reports; if so, of the number of meetings held by the working group so far; if not, how the authorities ensure that the results of the studies conducted by the two bureaux are compatible with each other; and

(c) upon the reorganisation of policy bureaux of the Government Secretariat, of the bureau to be responsible for those reports which currently fall within the purview of HWFB; how the authorities ensure that implementation of the recommendations of the reports will not be delayed further as a result of the reorganisation; and whether they will consider immediately setting up an inter-departmental working group under the coordination of HAB?

Reply:

Madam President,

(a) At the Legislative Council meeting on May 23, 2007, I reported in detail to Members the progress of work regarding the Law Reform Commission's (LRC) reports on Guardianship of Children, International Parental Child Abduction, Family Dispute Resolution Process and Child Custody and Access, and replied to the follow up questions Members raised. In response to the question raised by Hon Albert Ho, I set out again a summary of our earlier reply, together with our latest progress of work as follows.

The Government attaches importance to the well-being of children. In conjunction with relevant bureaux and departments, the Health, Welfare and Food Bureau (HWFB) is closely examining the various recommendations made by the LRC in its reports on Guardianship of Children, International Parental Child Abduction and Child Custody and Access. In tandem, the Home Affairs Bureau (HAB) is examining with relevant bureaux and departments the recommendations made in the report on the Family Dispute Resolution Process. As the recommendations have far-reaching implications and are inter-related, it is necessary to conduct extensive consultation with relevant departments and consider ways to follow up on the recommendations in a holistic manner.

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 have gazetted the amendment bill on June 15, 2007 and will introduce the bill into the Legislative Council on June 27, 2007.

(b) For Government policies that straddle more than one bureau, we have established arrangements and mechanisms to facilitate coordination within the Government. These arrangements are working well and provide the flexibility for prompt responses by the Government to meet 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. HWFB and HAB are working with relevant policy bureaux/departments in considering the recommendations in the reports which fall under their respective policy purview. As the recommendations in the four reports are inter-related, HWFB and HAB have invited each other to comment on matters under our respective policy purview in studying the recommendations. Upon completion of our study and after we have come up with our preliminary views on the recommendations, 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) Upon the reorganisation of the Government Secretariat, the reports on Guardianship of Children, International Parental Child Abduction and Child Custody and Access will be followed up by the Labour and Welfare Bureau. The report on the Family Dispute Resolution Process will continue to be followed up by HAB.


Ends/Wednesday, June 20, 2007
Issued at HKT 14:42

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