General Situation of Children in Hong Kong
 
    1. Definition of "child"

    2. The age of majority in Hong Kong is 18 years but different ages apply in different circumstances. 
      Of particular concern is the minimum age of criminal responsibility which, at 7 years, is one of the lowest in the world. 
    3. Basic data/statistics on children (1995)

    4. a. Population in HK:  6.3 million
      b. Age less than 15 years: 19%
      c. Birth rate:  11.2/1000 population
      d. Neonatal Mortality Rate:  2.9/1000 live birth
      e. Infant Mortality Rate:  4.7/1000 live birth
      f. Life expectancy at birth 

      Male: 

      Female: 

      75.7 years 

      81.3 years

      g. Immunization rate (1994)  98% against TB at birth 

      about 80% at 1 year for other diseases

      h. School attendance:  compulsory between 6-15
       
    5. Children in difficult circumstances
    3.1 New and illegal immigrant children 

    Over 10,000 are arriving from China each year with between 64,000 and 200,000 coming after July 1997. The fathers in these families are usually HK residents while the mothers reside in China. The immigration queue for the children are different from the mothers. By uniting the children with their fathers they are separated from their mothers. As the living standard is higher in HK, these families suffer financial hardship and difficulties in housing. The children also face inordinate problems in schooling. 

    Illegal immigrant children’s lives on welfare are put at risk because of unclear policies as to their means of reunion with their parent(s) in Hong Kong. Concrete and feasible actions to reduce the period for family reunification purpose are still not apparent for both illegal and many new immigrant children. 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. 

    3.2 Child prostitution 

    Child prostitution does not occur on a large scale but from police raids of vice establishments, it is known that child prostitution does occur and more frequently so during summer school holidays. Young illegal immigrants from nearby countries are also found to engage in prostitution. 

    3.3 Street children 

    Hong Kong does not have children forced to live on the street because of economic reasons. There are children who wander on the street because both parents are working and they are locked out of the house after school. There are also young people on the street as part of Hong Kong’s adolescent problem. 

    3.4 Refugee children 

    Although the numbers are decreasing, there are still Vietnamese children in detention camps. Theoretically they should all leave Hong Kong before July, 97. Whether their destination is Vietnam or somewhere else is unknown. There are also Vietnamese refugee children in open camps awaiting acceptance by overseas countries. Many of these children are neglected or abused. 

    Bureaucracy prevents them from receiving the same social assistance, protection, educational opportunities and medical care as other children in Hong Kong as they are under the responsibility of the UNHCR and not directly under the Hong Kong government. 

    Part of the reservations to the extension of the Convention on the Rights of the Child to Hong Kong relates to children seeking asylum in Hong Kong. 

    3.5 Disable children 

    The Equal Opportunities Commission established in 1996 covers discrimination of the disable but the effect of the Commission is yet to be seen. Access, transport, coordination of services, integration in school, and acceptance by the community are still major problems. 

    3.6 Children left unattended 

    Children continue to die while unattended - 122 children less than 10 years old died from 1989 to 1995 under such circumstances. The government still refrains from giving a clear indication to parents as to what is the minimum acceptable standard of care and the consequences of failure to provide this care. 

     

    1. Laws relating to children

    2. There are many pieces of legislation related to children enacted over the years for different reasons. Our Committee has called for a comprehensive Child Ordinance. Apart from bringing together all relevant legislation, there should be a review to ensure the legislation take into account the best interest of the child principle. 
    3. National policy relating to children
    4. The government sees no need for a child policy. 
      Our Committee considers a child policy an important means of laying down the minimum standards of child care, clarifying family and government responsibilities towards child and defining the consequences of disregarding these responsibilities. 

    5. Child Commission
    6. The government has a network of advisory boards and committees all professing that the best interest of the child principle is applied in matters related to children. The government does not see the need for an independent child commission as a monitoring body. The Home Affairs Branch is supposed to receive complaints of non-compliance of the CRC but this has never been publicized nor does the Home Affairs Branch have the power to investigate complaints.


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