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The Home Affairs Branch of the Hong Kong government which plays an overall co-ordinating role for the Convention indicated to the HKCCR that a progress report will be submitted by the United Kingdom on behalf of Hong Kong, but there will not be any prior public consultation unlike regular reports to the UNC. The public will not know the contents of the report till after the submission. 

The HKCCR solicited views from NGOs as to whether the UNC's recommendations are being implemented in Hong Kong. A questionnaire based on the recommendations was distributed to NGOs involved with children. Eighteen organizational and individual replies were received including one organization which sent in their own report rather than the questionnaire. The other responses are summarized in Appendix II. The majority hold views similar to the HKCCR - that measures taken to make the UNC recommendations a reality are far from adequate. 

While the HKCCR welcomes specific measures adopted by the government such as the extension to Hong Kong of the Hague Convention on the Civil Aspects of International Child Abduction, the HKCCR is still concerned with many areas: 

1. Policy 

Despite the UNC's recommendation that there should be "a comprehensive policy strategy for children in Hong Kong" (Appendix I No.22), the government continues to hold that "the promotion of the child's best interests is already a guiding principle of all policies that affect children" (Paragraph 4 of the Initial Report). The HKCCR does not feel that a thorough child impact assessment has been made when formulating government policies. 

2. Monitoring Mechanism 

The UNC stressed "an independent mechanism" in monitoring the execution of government policy while the government relies on existing mechanisms, none of which is identified as to be specifically monitoring the implementation of the Convention. There is a fundamental flaw in the government's insistence that Policy Secretaries who are responsible for the implementation of the Convention are also the ones to monitor its implementation. 

3. Assessment of Present System of Institutional Co-ordination of Policies and Programmes on the Rights of the Child 

While the Home Affairs Branch is assigned a co-ordinating role with regard to the Convention, there is no assessment as to how effective is this role. The Home Affairs Branch appears to have no power to direct or question the implementation or otherwise of the Convention by other Policy Branches. Clear indicators as to the progress of implementation are lacking. 

4. Children in Special Circumstances 

4.1 Vietnamese Children 

The government in its press release (Appendix III) after receiving the UNC's concluding observations clearly laid the responsibility of the plight of Vietnamese children on their parents. Present and previous policies on the children in detention centres have not been fully evaluated as recommended by the UNC (Appendix I No. 33). 

4.2 Illegal and New Immigrant Children 

Illegal immigrant children's lives and welfare are put at risk because of unclear policies as to their means of reunion with their parent(s) in Hong Kong. Concrete, feasible "actions ... to reduce the period for family reunification purposes" (Appendix I No. 26) are still not apparent for both illegal and many new immigrant children. Neither is there a clear policy for new immigrants whose livelihood crosses the domain of many departments - immigration, health, welfare, housing, education, labour to name but a few. The emphasis of government on the potential strain on resources of new immigrants can be detrimental to the images portrayed and to the relationship between them and the local, settled, community. The Basic Law gives the right to a child, of a Hong Kong resident, to be resident in Hong Kong after July 97. The Hong Kong government should affect this Right and arrange systems with the mainland for the family to be united as soon as possible. Restrictions should not be imposed and, 7 years after the Basic Law, it is reasonably to expect that Hong Kong would have made suitable provision for that children. 

4.3 Children left-unattended 

Although there are day care centres and other supportive measures, their adequacy and utilization or failure to do so have not been well studied. Children continue to die while unattended. Others survived but with serious injuries or stood witness to their home burned down in a fire. 

4.4 Children of Different Ethnic Origin and with Disability 

Efforts made to prevent discrimination of children on grounds of ethnic origin and disability are neither adequate nor effective. This is partly reflected by the reluctance of normal schools, under other parental pressure, to integrate disabled children into their classes, despite monetary incentives from the government. New immigrant children are also facing discrimination in many forms. 

5. Education on the Convention 

Although there has been some publications of the articles of the Convention and media publicity, the effort is inadequate and non-persistent. There is still a long way to go before the public understands the implications of the Convention and children realize their rights. Human rights and children's rights have hardly been incorporated in training programmes of professionals. Human rights education remains an optional part of the curriculum in schools. A government supported research in 1996 found 79% of the public thought that parents have the right to use corporal punishment on their children. 

6. Health 

The breastfeeding initiation rate is only 46% and drops rapidly after discharge from hospital. Contrary to the recommendation of WHO, public institutions still receive free donation of infant formulae. No hospital has yet been accreditated "Baby-friendly" status. 

7. Legislation 

7.1 Age of Criminal Responsibility of 7 years 

Although the government agreed to reconsider the age of criminal responsibility there is no time frame to this reconsideration and no public or professional consultation. The HKCCR recommends the raising of this age to 14 years in line with China and other countries both in Asia and other regions. 

7.2 Legal Representation 

Legal representation in care proceedings, marital custodial cases is still infrequent. There is also a lack of proper provisions for legal representation in juvenile criminal proceedings. There is no adoption assessment independent of the government adoption unit, as an independent assessment of the suitably of the adopters chosen. 

7.3 Legislation reflecting the Rights of the Child 

The government is still amending legislation periodically in response to specific issues rather than taking active steps to ensure all legislation with implication for children reflects "a holistic and comprehensive approach to the rights of the child" (Appendix I No. 20). 

8. Report 

The HKCCR recommends a separate Hong Kong report on the implementation of the Convention on the Rights of the Child i.e. Hong Kong to have reporting status to the UNC, even if, as a Special Administrative Region, part of China's report after the transfer of sovereignty. 

Conclusion 

The transfer of sovereignty is taking place at the end of this month. Although the government said "Matters relating to reservations and declarations as well as reporting arrangements are being discussed in the Joint Liaison Group" (Appendix III), it is totally non-transparent as to what has or has not been discussed. The HKCCR reiterates the importance of establishing a Child Policy, a Child Commission and a Child Ordinance in the implementation of the Convention of the Rights of the Child in Hong Kong. The HKCCR also urges the government to work towards the removal of all reservations to the ratification of the Convention. 

Hong Kong Committee on Children's Rights
10th June, 1997