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LCQ1: Convention on the Rights of Persons with Disabilities
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     Following is a question by the Hon Emily Lau and a reply by the Secretary for Labour and Welfare, Mr Matthew Cheung Kin-chung, in the Legislative Council today (October 31):

Question:

     At its meetings held on September 18 and 19 in Geneva, the United Nations Committee on the Rights of Persons with Disabilities (the Committee) considered the report submitted by China (including Hong Kong and Macao) on China's fulfillment of her obligations under the Convention on the Rights of Persons with Disabilities (the Convention), and the Committee published its concluding observations and recommendations at the end of September.  In this connection, will the Executive Authorities inform this Council:

(a) given that the Committee has pointed out in its concluding observations that the rank of Hong Kong's Commissioner for Rehabilitation is too low and that Hong Kong lacks an independent monitoring mechanism, whether the authorities will consider appointing a person of a higher rank to be the Commissioner for Rehabilitation and setting up an independent monitoring mechanism so as to ensure that Hong Kong will effectively fulfill her obligations under the Convention;

(b) given that the Committee has expressed concern about the rather passive role adopted by the Equal Opportunities Commission, which is responsible for monitoring and executing the Disability Discrimination Ordinance, how the authorities will make improvements in this regard; and

(c) whether they will set up an inter-departmental group led by the Chief Secretary for Administration, with dedicated responsibility for executing and co-ordinating matters in relation to fulfilling the obligations under the Convention and handling issues about the rights and interests of persons with disabilities?

Reply:

President,

     The Hong Kong Special Administrative Region (HKSAR) Government is committed to promoting, protecting and ensuring the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities in accordance with the law, and to promoting respect for their inherent dignity.  It has all along been our policy objective to help persons with disabilities develop their capabilities as well as to build a barrier-free living environment with a view to enabling persons with disabilities to participate in full both in social life and personal growth, and enjoy equal opportunities.  This is the spirit and core value enshrined in the United Nations Convention on the Rights of Persons with Disabilities (the Convention) as well as the direction of further development of rehabilitation services in Hong Kong.

     My reply to the Hon Emily Lau's question is as follows:

(a) The Commissioner for Rehabilitation (C for R) of the Labour and Welfare Bureau is responsible to the Secretary for Labour and Welfare (SLW) for the formulation of the overall rehabilitation policy for persons with disabilities, and for co-ordinating and facilitating all government departments, public organisations and non-governmental organisations (NGOs) in the development and provision of rehabilitation services.  Following the application of the Convention to Hong Kong, C for R has henceforth taken up the role as the focal point within the HKSAR Government for matters relating to the implementation of the Convention.  Meanwhile, relevant bureaux and departments have the responsibilities to ensure that the policies and measures under their purview are in compliance with the spirit and provisions of the Convention.  Subject to the development of the implementation of the Convention and related work, we will consider reviewing the duties and responsibilities and ranking of the C for R post, as well as the establishment and manpower of his/her team.

     As for the monitoring mechanism, the Equal Opportunities Commission (EOC), as the statutory and independent enforcement agency of the Disability Discrimination Ordinance (DDO), has all along been upholding the equal opportunities of persons with disabilities and safeguarding their specified rights under DDO.  In tandem, the Rehabilitation Advisory Committee (RAC), being the principal advisory body of the Government on the rights and well-being of persons with disabilities, has been assuming the important role of monitoring the implementation of the Convention in Hong Kong in addition to assisting the Government in promoting the Convention.  The Chairman, Vice-Chairman and members of RAC are all non-officials, including persons with different disabilities, parents of persons with disabilities, representatives from self-help organisations of persons with disabilities and NGOs providing rehabilitation services, academics, community and business leaders, professionals and other persons who have a keen interest in the well-being of persons with disabilities.  Representatives of relevant government bureaux and departments also serve as ex-officio members to provide the necessary support to RAC and follow up the issues raised by RAC as appropriate.  With wide acceptance and representation, RAC is the most suitable central mechanism to promote the implementation of the Convention.  We consider that the existing framework has been effective in monitoring the implementation of the Convention in Hong Kong.

(b) Apart from handling complaints in accordance with DDO, EOC will also proactively initiate regular investigations.  For the period from September 20, 1996 to September 30, 2012, about 12 per cent of DDO-related investigations were initiated by EOC.  Moreover, EOC has made proactive efforts to promote the rights of persons with disabilities on different fronts.  Some examples are set out below:

(i) Barrier-free access and facilities

     In December 2006, EOC initiated a formal investigation on the barrier-free access of the premises and facilities owned or managed by the public sector, including the Hong Kong Housing Authority, Hong Kong Housing Society, The Link Management Ltd and the Government, and released a Formal Investigation Report on Accessibility in Publicly Accessible Premises in June 2010.

(ii) Mental health

     EOC has actively participated in the Mental Health Month, a major public education programme, since 1999 and collaborated with the Government and stakeholders to promote mental health.  Furthermore, EOC, in collaboration with relevant NGOs, actively puts forward proposals to the Government for further enhancement of the mental health policy and services.

(iii) Education

     EOC has commissioned a Study on Equal Learning Opportunities for Students with Disabilities under the Integrated Education System to review the implementation of integrated education in Hong Kong and to find ways to further enhance the equal learning opportunities of students with special educational needs.  The study report is expected to be released at the end of 2012.

(c) C for R is responsible to SLW for the co-ordination of matters relating to the implementation of the Convention within the HKSAR Government, while relevant bureaux and departments have the responsibilities of reviewing the policies and measures under their purview and taking appropriate follow-up action to ensure that the policies and measures are in compliance with the spirit and provisions of the Convention.  Under the existing mechanism, major policies that cut across different bureaux will be discussed at the Policy Committee or the relevant Policy Groups chaired by the Chief Secretary for Administration (CS) and the Financial Secretary, and any decisions subsequently made will be properly followed up by relevant bureaux and departments.  Where necessary, an inter-departmental task force will be set up to follow up on the matters.  For example, with the support and steer of CS and SLW, C for R is responsible for co-ordination with relevant departments to take forward a large-scale retrofitting programme on upgrading the barrier-free facilities for government venues.  With the full co-operation of all relevant departments, the retrofitting programme has made satisfactory progress and achieved the desired results.  We consider that the existing framework has been effective in addressing the issues relating to persons with disabilities.

     Promotion and implementation of the Convention is an ongoing initiative.  During the process, we will continue to work in close partnership with RAC, EOC, groups of persons with disabilities, the rehabilitation sector and other sectors in the community to strive to further promote the rights and equal opportunities for persons with disabilities, and to facilitate their active participation in community activities and full integration into society, with a view to building an inclusive, caring and equal society.

Ends/Wednesday, October 31, 2012
Issued at HKT 14:42

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