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LCQ16: Convention on the Rights of Persons with Disabilities
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     Following is a question by the Hon Emily Lau and a written reply by the Secretary for Labour and Welfare, Mr Matthew Cheung Kin-chung, in the Legislative Council today (March 17):

Question:

     The Convention on the Rights of Persons with Disabilities (the Convention) signed by the Central Government in March 2007 has come into force on August 31, 2008 and is also applicable to the Hong Kong Special Administrative Region.  In this connection, will the Executive Authorities inform this Council whether they have taken any new action and measure "to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities (PWDs)" since the Convention came into force, and whether the following are included in such actions and measures:

(a) "to take into account the protection and promotion of the human rights of PWDs in all policies and programmes", as required by Article 4(1)(c) of the Convention;

(b) to provide barrier-free access and facilities to PWDs, as required by Article 9 of the Convention; and

(c) to improve the employment opportunities for PWDs, as required by Article 27 of the Convention;

     if new actions and measures have been taken, of their details, including the resources allocated to each of them; if not, the reasons for that?

Reply:

President,

     It has all along been the objectives of Hong Kong's rehabilitation policy to help persons with disabilities (PWDs) develop their abilities and to create a barrier-free environment with a view to ensuring that they can participate in full and enjoy equal opportunities both in terms of their social life and personal growth.  These are also the spirit and core values enshrined in the United Nations Convention on the Rights of Persons with Disabilities (the Convention).  Promotion and implementation of the Convention is an ongoing initiative.  It is also the direction of continued development of rehabilitation services in Hong Kong.  We will continue to collaborate with the Rehabilitation Advisory Committee (RAC), the Equal Opportunities Commission (EOC), PWD groups and other sectors in the community to ensure compliance with the Convention and facilitate PWDs to enjoy their rights under the Convention.  My reply to the Hon Emily Lau's question is as follows:

(a) The Administration adopts legal, policy and public education measures to safeguard and promote the rights of PWDs under the Convention.

     As regards the legal framework, the Basic Law and the Bill of Rights set out clearly the rights enjoyed by all persons, including PWDs.  The existing Disability Discrimination Ordinance (DDO) affords protection against discrimination on the ground of one's disability, and the Mental Health Ordinance safeguards the rights of mental patients.  As the statutory enforcement agency of DDO, EOC will ensure that the rights of PWDs are safeguarded.

     On the policy front, the Labour and Welfare Bureau (LWB) has all along been urging all government bureaux and departments to critically review the policies and measures under their purview and take appropriate measures to ensure compliance with the Convention where necessary.  Indeed, since the Convention has entered into force in the Hong Kong Special Administrative Region on August 31, 2008, a number of policies and measures have been taken forward in accordance with various provisions of the Convention.  For example, the "Design Manual: Barrier Free Access 2008" (Design Manual 2008), which sets out higher design standards for provision of barrier-free facilities, has taken effect since December 1, 2008.  To better meet the needs of students in special schools, the Education Bureau will introduce by phases improvement measures on extending the study period from the 2010-11 school year onwards.  Continuous improvements on various rehabilitation services have also been made.  Besides, we will continue to organise on-going training and promotion activities for civil servants at all levels with a view to ensuring that all government bureaux and departments are fully aware of the need to take into due consideration the provisions of the Convention in formulating polices and implementing measures.

     In respect of public education, to tie in with the implementation of the Convention in Hong Kong, from 2009-10 onwards, LWB has substantially increased the allocation for public education activities from about $2 million in the past years to over $12 million, so as to promote the spirit and core values of the Convention.  RAC has been assisting the Government in promoting the Convention and monitoring its implementation in the territory.  In doing so, RAC has taken proactive effort in mobilising PWDs, the rehabilitation sector, the business sector, local organisations, government departments and the public to organise and participate in relevant public education programmes.  In 2009-10, LWB subsidised various non-governmental organisations (NGOs) in organising 34 public education activities under the theme: "All-round promotion of the spirit of the Convention and cross-sectoral collaboration towards building an equal and inclusive society" in order to bring across the message of barrier-free and inclusiveness to the community at large.

(b) To implement the requirements on barrier-free access and facilities under Article 9 of the Convention, the Government will continue to build and improve a barrier-free environment according to the strategic development directions set out in the Hong Kong Rehabilitation Programme Plan (RPP).  In light of the changing social environment and public expectations, as well as the advancement in building technology, the Government amended Section 72 of the Building (Planning) Regulations and promulgated the new "Design Manual 2008" on December 1, 2008 to further enhance relevant design requirements.

     In respect of the Government's newly constructed or renovated buildings, all Government buildings constructed after December 1, 2008 will meet the requirements as set out in the "Design Manual 2008", and wherever practicable, achieve a standard beyond the statutory requirements.  The Architectural Services Department (ArchSD) has also put in place a design vetting mechanism to ensure that accessibility measures have been given due consideration in all new projects at the early stage of design.

     Regarding existing Government buildings, ArchSD carries out improvement works every year to upgrade the barrier-free facilities of Government premises that are frequently visited by PWDs on the advice of the Sub-committee on Access under RAC.  Since 2000, $72 million has been spent for improving the access and facilities of 147 Government premises.

     Individual Government departments and public organisations will also carry out improvement works to upgrade the barrier-free facilities in venues under their management.  For instance, since 2006, the Leisure and Cultural Services Department has completed 133 improvement projects to provide suitable access and facilities for PWDs in its cultural and recreational venues, including improvements to 12 venues for the 2009 East Asian Games, and will continue to carry out 40 new improvement works projects.

     On public housing estates, the Housing Department has introduced the "Universal Design" concept in all new buildings since 2002 to provide a safe and convenient living environment for different categories of tenants, including the elderly and PWDs.  It has also commenced building improvement works in stages to improve the barrier-free facilities of existing buildings.  Such improvement works have been completed in around 150 public housing estates.

     Regarding public education, the Sub-committee on Public Education on Rehabilitation under RAC has, since 2003, adopted "Working towards an inclusive and barrier-free society for persons with disabilities" as one of the main themes for its annual public education programmes and made active effort in promoting to members of the public the importance of "barrier-free environment" for PWDs.  From May 2008 to January 2009, RAC visited all the 18 District Councils (DCs) to promote RPP.  In the course of the visit programme, RAC solicited their support in the promotion and provision of barrier-free facilities in their districts.  In the coming year, RAC will continue to promote, as one of the foci for public education, the building of a barrier-free environment.

(c) To implement the requirement on employment of PWDs under Article 27 of the Convention, in accordance with the strategic development directions set out in RPP, the Government will continue to provide suitable training and employment support and promote the working abilities of PWDs with a view to enhancing the employment opportunities for PWDs.

     At the policy level, we strive to encourage government departments, subvented organisations and statutory bodies to formulate suitable policies and measures on employment of PWDs, having regard to their business nature and size of establishment, thereby enhancing the employment opportunities of PWDs.

     In respect of vocational rehabilitation training, the Government, through the Skills Centres of the Vocational Training Council, the Employees' Retraining Scheme of the Employees' Retraining Board, the vocational rehabilitation services of the Social Welfare Department (SWD) and the employment support services of the Labour Department (LD), seeks to equip PWDs with the work and communication skills required for jobs in the open market.  To strengthen the vocational rehabilitation services of the SWD, the Financial Secretary allocates $16.79 million for the provision of 160 additional places for day training and 100 additional places for vocational rehabilitation services in the 2010-11 Budget. Coupled with the recurrent funding already earmarked, some 290 places for day training and 420 places for vocational rehabilitation services will be provided in 2010-11.

     The "Enhancing Employment of People with Disabilities through Small Enterprise" Project under the SWD also helps to facilitate the employment of PWDs through the setting up of social enterprises.  As at October 2009, a provision of over $32 million has been granted under this Project to support NGOs to set up 56 small enterprises, creating a total of 468 employment opportunities for PWDs.

     The Selective Placement Division under the LD has enhanced the "Work Orientation and Placement Scheme" since June 2009 by increasing the financial incentive to employers (from $3,000 to $4,000 per month) and extending the period of payment from three months to six months.  This is to encourage employers to offer trial placement opportunities to PWDs, thereby increasing employers' awareness of the working abilities of PWDs and helping PWDs find employment in the open market.

     Over the past two years, RAC has adopted "Promotion of employment for PWDs" as one of the main themes of its public education programmes.  A series of new initiatives have also been implemented to enhance public understanding of the working abilities of PWDs and the support services provided by various government departments and rehabilitation agencies for the employment of PWDs.  These initiatives have generally received positive response from social welfare agencies, DCs and the business sector.  For instance, more and more social welfare agencies have shown their support by establishing voluntary indicators for the employment of PWDs and formulating relevant policies.  Many DCs have organised promotional activities relating to the employment of PWDs.  A number of business corporations have also offered employment opportunities for PWDs and made wider use of the products and services provided by PWDs through relevant government departments and agencies.  Some members of the business sector and community organisations have also collaborated with the Government and NGOs to assist PWDs in starting their own business.  This shows that our efforts have started to bear fruit.

Ends/Wednesday, March 17, 2010
Issued at HKT 12:10

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