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Joint public statement on the Kowloon Bay Health Centre incident

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The following is a joint public statement by the Food and Environmental Hygiene Department, the Home Affairs Department and the Lands Department:

Following conciliation conferences facilitated by the Equal Opportunities Commission, complaints against the former Urban Services Department (the responsibilities of which have been taken up by the Food and Environmental Hygiene Department since January 1, 2000 after reorganization of municipal services), the Home Affairs Department and the Lands Department on the removal of unauthorized banners and structures arising from the Kowloon Bay Health Centre incident have been resolved.

The complainant considered that banners displayed in the vicinity of the Kowloon Bay Health Centre during May/June 1999 had vilified people with HIV/AIDS and was aggrieved that government action in removing the unauthorized banners and structures had been slow.

At a joint conciliation conference held in December 2000, the Government representatives reaffirmed that vilifying banners/posters/ structures on government land merit special attention and should be removed speedily, though the time required for removal in individual cases depended on the prevailing circumstances. The Government representatives acknowledged that the Kowloon Bay Health Centre incident had heightened Government's alertness to discrimination against persons with a disability.

The complaint is settled upon the Government's pledge that departments concerned will continue to give special attention to vilifying banners/posters/structures and remove them speedily. The relevant procedures will be updated and departmental instructions will also be issued and re-circulated from time to time to staff of departments concerned to ensure that they are aware of this commitment and the procedures.

The Government reaffirms that it will not permit the posting or display of any bills or posters, or the erection of any structure, vilifying persons with disabilities, on Government land. The Government re-iterates that there are legal powers to deal with the removal of unauthorized banners/posters and structures from Government land. Under the Public Health and Municipal Services Ordinance, the Director of Food and Environmental Hygiene is empowered to remove unauthorized bills or posters from Government land. The Director of Lands is empowered under the Land (Miscellaneous Provisions) Ordinance to remove unauthorized structures from Government land. When unauthorized banners/posters/structures (including those vilifying persons with disabilities) come to the attention of the enforcement agencies, the agencies will check whether the banners/structures are displayed/built without the necessary permission and seek advice from relevant parties, including the District Officer, where necessary, on removal action. Any members of the public noticing the presence of vilifying banners/posters/structures on Government land may report such to the enforcement agencies, viz the Food and Environmental Hygiene Department and the Lands Department.

End/Friday, April 6, 2001

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