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Following is a written reply by the Secretary for Security, Mr Lai Tung-kwok, to a question by the Hon Leung Kwok-hung in the Legislative Council today (March 26):
Question:
Quite a number of inmates and their family members, discharged inmates and their employers, as well as social workers helping discharged inmates have complained to me that the Correctional Services Department (CSD) attaches no importance to the educational and vocational training needs of inmates, and has not provided inmates with sufficient tutorial classes, study rooms, vocational training programmes and related computer equipment in correctional institutions, as well as study time. They have also pointed out that while the Government has, through the media, continuously called for employers to offer rehabilitation opportunities to discharged inmates, it has all along failed to proactively increase the employment opportunities for discharged inmates. For instance, even if discharged inmates had met the academic requirements and passed the related qualifying examinations of certain professions when they were in the correctional institutions, they will not be able to obtain practising qualifications owing to their criminal records. Moreover, their applications for government jobs and security personnel permits have also been rejected. In this connection, will the Government inform this Council:
(1) of the respective numbers of inmates who sat for the Hong Kong Certificate of Education Examination (HKCEE) (up to 2011), Hong Kong Advanced Level Examination (HKALE) (up to 2013) and Hong Kong Diploma of Secondary Education Examination (HKDSEE), and the respective numbers of those inmates who enrolled in the programmes offered by the Open University of Hong Kong (OUHK) and overseas universities, as well as the numbers of study rooms and teachers, in each correctional institution in each of the past five years (set out according to Annex 1);
(2) whether study rooms and tutorial classes for guiding inmates' studies are currently provided in each of those correctional institutions for young inmates aged between 14 and 20; if so, of the respective numbers of inmates who took half-day and whole-day tutorial classes last year in each of such institutions; if not, whether the Government will provide additional study rooms and tutorial classes to help the inmates prepare for examinations;
(3) whether study rooms and tutorial classes for guiding inmates' studies are currently provided in each of those correctional institutions for adult inmates aged 21 or above; if so, of the respective numbers of inmates who took half-day and whole-day tutorial classes last year in each of such institutions; if not, whether the Government will provide additional study rooms and tutorial classes to help the inmates prepare for examinations; if it will, when this will be implemented;
(4) whether various correctional institutions currently provide training courses on Internet application to inmates and related computer equipment for use by them; if so, of the respective numbers of inmates who received such training and those who used such equipment in the past five years; whether it has assessed if the vocational training programmes and computer equipment currently provided in various correctional institutions have become outdated, and if the importance of the skills on Internet application to the discharged inmates' success in finding jobs has been underrated; if the assessment outcome is in the affirmative, when the Government will provide such additional training programmes and equipment;
(5) of the respective numbers of discharged inmates who were recruited by the Government with, and those without, the assistance of the Rehabilitation Unit (RU) of CSD, and the government departments which recruited them, in the past five years; if no discharged inmate was recruited, whether it has assessed if the civil service recruitment policy is consistent with the Government's appeal to employers for offering rehabilitation opportunities to discharged inmates;
(6) whether the existing civil service recruitment policy accords equal treatment to persons with and those without criminal records; if so, whether various government departments have plans to recruit discharged inmates through RU in the coming year, so as to take the lead;
(7) whether it will allow discharged inmates with criminal records to apply for security personnel permits, so as to facilitate them in taking up security work; if so, when this will be implemented; if not, of the reasons for that, and whether it has assessed if the Government is taking the lead in discriminating against discharged inmates;
(8) whether the Government discussed with various professional bodies (e.g. the Hong Kong Medical Association, the Hong Kong Institute of Certified Public Accountants, The Law Society of Hong Kong, the Hong Kong Bar Association and the Nursing Council of Hong Kong) in the past five years on making amendments to the legislation on the registration of various professions, so that persons with and those without criminal records will be accorded equal treatment; if it did, of the details; if not, whether it has assessed if the Government is condoning discrimination against discharged inmates undertaking professional work; and
(9) whether the Government will make amendments to the legislation on the registration of various professions in the coming year, so that persons with and those without criminal records will be accorded equal treatment; if so, when this will be taken forward; if not, of the reasons for that, and whether the Government has turned a blind eye to the employment needs of discharged inmates who studied diligently and are determined to live a new life?
Reply:
President,
Apart from the provision of a safe and humane environment for the detention of persons in custody, the Correctional Services Department (CSD) is committed to facilitating the re-integration of rehabilitated persons into the community through providing suitable rehabilitative services, including vocational training and education services provided in correctional institutions, and follow-up support and services to persons under statutory supervisions upon discharge.
On the vocational training side, CSD has been working with several training bodies such as the Employees Retraining Board, the Construction Industry Council and the Vocational Training Council, to provide eligible adult persons in custody with remaining sentences from 3 to 24 months with more than 30 full-time and part-time vocational courses for enrolment on a voluntary basis having regard to the local employment market situation. These courses cover the construction, engineering, business, food and beverage, retailing, tourism, beauty care and logistic sectors. Trainees are also arranged to sit for the relevant examinations to obtain recognised qualifications, thereby enhancing their employability and facilitating their smooth re-integration into society upon discharge. Education and publicity campaigns of all kinds are also conducted by CSD to appeal for community support for offender rehabilitation.
The Administration's reply to the respective parts of the question is set out below:
(1) Figures of persons in custody who sat for the Hong Kong Certificate of Education Examination (HKCEE), Hong Kong Advanced Level Examination (HKALE) and Hong Kong Diploma of Secondary Education Examination (HKDSEE), and figures of persons in custody who enrolled in the programmes offered by the Open University of Hong Kong (OUHK) and overseas universities in each of the past five years are at Annex 2. Figures of study rooms and teachers available in each correctional institution are at Annex 3.
(2) CSD provides education to the majority of persons in custody under the age of 21 (Note) and offers half-day educational courses and half-day vocational training courses from junior secondary to senior secondary level, with qualified teachers and vocational trainers as instructors, to eligible young persons in custody at correctional institutions for young offenders.
In 2013, a total of 1 082 young persons in custody enrolled in the above courses. Tutorials for giving academic guidance are also provided by teachers in addition to regular classes when necessary. All correctional institutions for young offenders have classrooms for lessons and after-class study.
(3) According to the laws of Hong Kong, all convicted adult persons in custody are required to engage in work as arranged by CSD, unless they should be excused on medical grounds. CSD encourages adult persons in custody to take various kinds of distance learning or self-learning courses after work for self-improvement. With the exception of Lai Chi Kok Reception Centre (LCKRC) which accommodates persons in custody who are on remand, classrooms are provided in all correctional institutions for adult persons in custody for their voluntary learning and study after work. In 2013, the adult persons in custody enrolled in academic programmes offered by tertiary institutions such as the OUHK through CSD for over 900 times. CSD also invited the tutors at OUHK to provide tutorials to persons in custody who had enrolled in OUHK's programmes.
(4) Persons in custody are not allowed to have access to the Internet due to security considerations. However, to strike a balance between rehabilitation and the maintenance of security in correctional institutions, CSD has introduced basic Internet courses since early 2011 for adult persons in custody to learn the use of Internet in offline mode. Notwithstanding that most of the young persons in custody know how to go online on computers, institutions for young offenders include relevant introductory courses on Internet application in their computer curriculum. Simulating software is available for persons in custody to acquire basic internet browser operation skills. Separately, computer rooms or multimedia learning centres are also available in all correctional institutions (except LCKRC). To facilitate persons in custody finding employment in office work upon discharge, computer equipment for classroom learning and self-study is installed with mainstream computer operating systems and office software. To strengthen multimedia teaching and computer application, CSD has been making continuous efforts to enhance persons in custody's computer training by organising various courses, such as word processing, graphic design, digital video editing, web pages and basic programming. Furthermore, CSD plans to roll out new courses on multimedia production and programming in early 2015 for persons in custody to acquire computer application skills to prepare themselves for re-integration into the community.
(5) & (6) Given that a vast majority of persons in custody are not subject to statutory supervision upon discharge, CSD does not have specific details about their employment situation upon discharge. Also, the Administration does not have statistics on the number of discharged offenders appointed to the Civil Service.
Appointments to the Civil Service are based on the principle of open and fair competition. In the course of recruitment, all candidates are assessed on the basis of relevant factors including their ability and performance, and having regard to the entry requirements and job requirements of the grade concerned. Generally speaking, an applicant will not be denied appointment merely because he has committed a criminal offence or is a discharged offender. Notwithstanding an applicant's criminal conviction record or his being a discharged offender, the recruiting department will fully take into account all relevant factors, including the ability and performance of the applicant, the nature and gravity of the offence which led to the conviction, its relevance to the duties of the post concerned, the job requirements of the post, etc., with a view to ascertaining the applicant's overall suitability for appointment. Each case will be handled having regard to its individual circumstances.
(7) Security personnels are relied upon to discharge important functions of safeguarding lives and properties of others and to prevent or detect crime. The public generally expects security personnels to have good integrity and character.
The "Criteria for Issuing a Security Personnel Permit" specify that applicants for security personnel permits must be of good character having regard to their employment history, criminal records and other relevant factors. The Criteria also list out circumstances in which a permit will normally not be granted. Persons with criminal records, including those having served imprisonment sentences, could still be granted a permit if they meet the requirements and criteria for obtaining a permit. The current Criteria have struck a balance between providing reasonable rehabilitation opportunities for offenders and ensuring security personnel permit holders have good character.
(8)&(9) Different professional bodies have varied requirements on the professionals under their regulations. It is considered that public education is the most effective and ultimate means to facilitate rehabilitated persons to re-integrate into the society. Therefore, CSD will continue their on-going publicity and education efforts on this front with a view to promoting smooth re-integration of rehabilitated persons and enhancing their employment opportunities.
Note: According to the laws of Hong Kong, CSD is to offer disciplinary/physical training and moral education to detainees of its detention centre. Young offenders receiving the second phase of training in rehabilitation centres may go out for work or schooling during daytime.
Ends/Wednesday, March 26, 2014
Issued at HKT 18:08
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