*****************************************
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 (May 26):
Question:
Article 9 of the Convention on the Rights of Persons with Disabilities (the Convention) stipulates that "States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas". The authorities have installed barrier-free facilities throughout Hong Kong, yet some organisations have pointed out that certain facilities are not user-friendly to persons with disabilities (PWDs). For example, wheelchair-bound people have to get pass stairs of a dozen or so steps before reaching public toilets for PWDs, and tactile guide paths at a bus station lead blind people to bump into railings. In this connection, will the Executive Authorities inform this Council:
(a) which government departments are responsible for providing public toilets for PWDs, tactile guide paths for the visually impaired as well as other barrier-free facilities, and what procedures have to be gone through; whether they have assessed the reasons behind the aforesaid mistakes; if they have, of the outcome; whether they will review the relevant procedures and avoid inconvenience being caused to PWDs due to incompatibility between the work of different government departments; and
(b) given that the Rehabilitation Advisory Committee and the Commissioner for Rehabilitation (C for R) are responsible for promoting the Convention and monitoring its implementation, whether there is any mechanism at present to enable C for R to effectively monitor if various government departments have complied with the provisions of the Convention; of the powers and duties of C for R in respect of the installation of barrier-free facilities to ensure that the installation of such facilities is appropriate and meets the needs of PWDs?
Reply:
President,
It has all along been the policy objective of the Government to provide a barrier-free living environment for persons with disabilities (PWDs) with a view to enabling them to access, on an equal basis with others, to premises, transportation and communications, thereby facilitating them to live independently, participate in full in various social activities and integrate into the community. To implement the requirements on barrier-free access and facilities under Article 9 of the Convention on the Rights of Persons with Disabilities (the Convention), the Government will continue to build and make improvements towards a barrier-free environment according to the strategic development directions set out in the Hong Kong Rehabilitation Programme Plan. My reply to the Hon Emily Lau's question is as follows:
(a) The Government has implemented the amended Section 72 of the Building (Planning) Regulations and promulgated the new "Design Manual: Barrier Free Access 2008" (Design Manual 2008) since December 1, 2008. Design Manual 2008 sets out the enhanced design standards for the provision of barrier-free facilities, including accessible toilet, tactile guide path for the visually impaired and other barrier-free facilities for PWDs.
The Architectural Services Department (ArchSD) and the Housing Department (HD), which are responsible for the design and construction of Government buildings and public housing respectively, have put in place internal administrative monitoring mechanism and vetting committee to ensure that all newly constructed buildings or existing buildings under renovation meet the requirements under the Design Manual 2008, and wherever practicable, achieve standards beyond the statutory requirements. Other Government departments, including the Transport Department (TD), the Highways Department (HyD), HD and departments responsible for venue management, etc will install tactile guide paths for the visually impaired and other barrier-free facilities in the transport facilities, road facilities, public housing estates, venues and facilities under their purview, and will ensure strict compliance with the requirements under the Design Manual 2008 in carrying out addition and alteration works to the facilities concerned.
At present, public toilets (including toilets for PWDs) are built by ArchSD and managed by the Food and Environmental Hygiene Department (FEHD). In carrying out the construction works, ArchSD is required to comply with the requirements under the Design Manual 2008. In the renovation of public toilets, ArchSD will provide toilet facilities for PWDs wherever practicable. In circumstances where direct barrier-free access to the toilets for PWDs is not readily available owing to topographical constraints, relevant Government departments will work together to explore improvement measures. For example, FEHD, HyD, TD and ArchSD recently collaborated to work out improvement measures for the two toilets for PWDs located in Sheung Wan which have topographical constraints.
On public transport facilities, TD will provide barrier-free access for new public transport facilities according to the "Transport Planning and Design Manual". It will also improve existing public transport facilities where conditions permit, such as installing dropped kerbs and tactile guide paths, etc. TD will consult relevant departments and local residents and considered the views collected before entrusting HyD to carry out the improvement works. Furthermore, TD conducts regular meetings of its "Working Group on Access to Public Transport by People with Disabilities" and invites PWD groups, relevant Government departments and public transport operators to attend so as to have a better understanding of the needs and opinions of PWDs on their use of public transport services, and take follow up actions where necessary.
On Government buildings, ArchSD works closely with other Government departments and regularly identifies suitable existing Government buildings for improving and upgrading their barrier-free facilities having regard to the advice of the Sub-committee on Access under the Rehabilitation Advisory Committee.
On public housing facilities, HD will consult local residents, rehabilitation groups and departments at the design stage to secure the provision of suitable barrier-free facilities, including tactile guide paths, in housing estates. If the barrier-free facilities are connected to areas managed by The Link Management Limited, HyD or MTR Corporation Limited, HD will liaise with relevant parties to ensure that the facilities are accessible by PWDs.
The relevant Government departments will continue to work closely to improve the existing barrier-free facilities and ensure that they will take into full account of the needs of PWDs in the design stage of the construction of premises and facilities.
(b) At present, the Commissioner for Rehabilitation (C for R) is responsible to the Secretary for Labour and Welfare for the formulation of the overall policy in rehabilitation and welfare matters for PWDs, and for co-ordinating and facilitating all Government departments, public organisations and non-governmental organisations in the development and provision of rehabilitation services. Following the application of the Convention to Hong Kong, while C for R serves as the focal point within the government for matters relating to the implementation of the Convention, relevant bureaux and departments have the responsibilities to ensure that the policies and measures under their purview provide equal opportunities and rights for PWDs in compliance with the spirit and provisions as enshrined in the Convention.
The Rehabilitation Advisory Committee (RAC) serves as the principal advisory body to the Government on matters pertaining to the well-being of PWDs and the development and implementation of rehabilitation policies and services. With the application of the Convention to Hong Kong, the RAC has taken on the new role of advising the Government on the promotion and monitoring of the implementation of the Convention in Hong Kong. Representatives of relevant Government departments are required to attend the meetings of the RAC and its Sub-committee on Access on a regular basis. The RAC and its Sub-committee on Access will convey the needs of PWDs on barrier-free facilities to the relevant Government departments.
In addition, the Equal Opportunities Commission, being the statutory enforcement agency of the Disability Discrimination Ordinance, handles complaints regarding barrier-free facilities to ensure that PWDs can enjoy equal opportunities in access to buildings and services.
Ends/Wednesday, May 26, 2010
Issued at HKT 13:45
NNNN
