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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