The Under Secretary for Labour and Welfare, Mr Ho Kai-ming, attended the Parallel Session on Legal Policy and Implementation of the United Nations Convention on the Rights of Persons with Disabilities of the Rehabilitation International Centennial Celebration (RICC) today (May 22), as part of his visit to Beijing from May 20 afternoon leading the Hong Kong, China delegation, comprising representatives of the Labour and Welfare Bureau and the Social Welfare Department to attend the RICC. Following is his speech on the theme of the Parallel Session on Rule of Law Creating Better Life for Persons with Disabilities:

Dear Ms Al Tamimi (Vice Chair of the Policy and Service Commission of Rehabilitation International, Ms Eman Al Tamimi), 程凱副主席 (Vice President of the China Disabled Persons' Federation, Mr Cheng Kai), distinguished members and guests,

     On behalf of the Labour and Welfare Bureau of the Government of the Hong Kong Special Administrative Region (HKSAR) of the People's Republic of China, I am most honoured to meet all of you here in Beijing to celebrate the 100th birthday of the Rehabilitation International and have fruitful exchanges with you on rehabilitation services for persons with disabilities.

     The People's Republic of China, including the HKSAR, became a signatory of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) on August 31, 2008. The purpose of the Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.

UNCRPD Article 4 - General Obligations

     The Government of the HKSAR is committed to discharging its obligations under the Convention. Article 4 of the UNCRPD sets out the general obligations of States Parties, which undertake to ensure and promote the full realisation of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability. To this end, States Parties undertake, among others, to adopt all appropriate legislative, administrative and other measures for the implementation of the rights recognised in the present Convention. Accordingly, the Government of the HKSAR has adopted legislative, administrative and other means to ensure persons with disabilities can enjoy the same rights and freedoms as other members of the community, such that they can participate in full and enjoy equal opportunities.  

     In Hong Kong, laws are made for, and apply to, all Hong Kong people, including persons with disabilities. In addition, we have made specific legislative provisions in the important areas of anti-discrimination, the protection of mentally incapacitated persons and creation of a barrier-free physical environment, as covered by the UNCRPD. Let me share with you the legal protection in these areas for persons with disabilities in Hong Kong.

UNCRPD Article 5 - Equality and Non-discrimination

Disability Discrimination Ordinance

     As set out in Article 5 of the UNCRPD on equality and non-discrimination, States Parties recognise that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law. States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds. In this regard, we have the Disability Discrimination Ordinance, which is the key anti-discrimination law safeguarding the equal rights of persons with disabilities in Hong Kong.

     The Ordinance was enacted in August 1995 and came into full operation in December 1996, with the objective to protect persons with disabilities and their associates against discrimination and harassment on the ground of disability in both the public and private sectors in areas, including (a) employment; (b) education; (c) access to premises; (d) disposal and/or management of premises; (e) provision of goods, services and/or facilities; (f) participation in clubs and sporting activities; and (g) exercise of Government powers and performance of its functions. Moreover, the Ordinance prohibits vilification on the ground of disability, which means an activity in public that incites hatred towards, serious contempt for, or severe ridicule of person with disabilities.  

     The Ordinance is implemented and enforced by the Equal Opportunities Commission, which is empowered to deal with individual complaints and provide legal assistance. Moreover, the Commission can make recommendations to the Government of the HKSAR for amending the anti-discrimination ordinances, including the Ordinance. In this regard, the Government of the HKSAR took forward the Commission's recommendations and enacted the Discrimination Legislation (Miscellaneous Amendments) Ordinance in 2020 to further enhance the protection against discrimination and harassment under the Disability Discrimination Ordinance and other anti-discrimination ordinances. Specifically, the following amendments were effected under the Ordinance to:

(a) provide protection from disability harassment between persons working in a common workplace;
(b) protect service providers from disability harassment by customers;
(c) provide protection from disability harassment between customers and service providers where the acts of disability harassment take place outside the HKSAR but on the HKSAR registered aircraft or ships; and
(d) protect existing and prospective members of a club from disability harassment by the management of the club.

     The Government of the HKSAR, in conjunction with the Equal Opportunities Commission, will continue to regularly review the anti-discrimination ordinances to ensure that they meet changing social needs, and introduce legislative proposals as necessary in the light of local circumstances.

UNCRPD Article 12 - Equal Recognition before the Law

Guardianship Board 

     Article 12 of the UNCRPD provides for equal recognition before the law. States Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law. States Parties shall, among others, recognise that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life. In Hong Kong, we protect the right of persons with disabilities who have the legal capacity to make decisions on their personal affairs. Likewise, we provide legal protection for mentally incapacitated persons, who may not have the legal capacity to make decisions about their personal affairs such as housing, medical care and financial matters. In this regard, the Government of the HKSAR established a statutory tribunal in 1999 - the Guardianship Board to protect their interests and welfare.

     The Guardianship Board is subvented by the Government of the HKSAR. It has three panels, comprising barristers and solicitors, registered medical practitioners, clinical psychologists and social workers, as well as persons with personal experience with mentally incapacitated persons. The Board conducts hearings in order to make guardianship orders as necessary for people aged 18 years and over with decision-making incapacities. Each hearing is conducted by members drawn from the three panels. The guardian appointed should ensure views and wishes of the mentally incapacitated person are, in so far as they may be ascertained, respected when exercising the designated powers.  

     We will continue to promote the work of the Guardianship Board and its services to the public and related industries.

UNCRPD Article 9 - Accessibility

Building (Planning) Regulations and Design Manual

     Pursuant to Article 9 of the UNCRPD on accessibility, States Parties shall take appropriate measures to ensure to persons with disabilities access on an equal basis with others, to the physical environment, transportation, information and communications, and other facilities and services open or provided to the public. States Parties shall also take appropriate measures to, among others, develop, promulgate and monitor the implementation of minimum standards and guidelines for the accessibility of facilities and services open or provided to the public. In Hong Kong, we adopt legal measures, among others, to ensure effective implementation of a barrier-free environment for persons with disabilities, with a view to enabling them to access premises and make use of the facilities and services therein on an equal basis with others, thereby facilitating their independent living and full integration into the community. 

     The Building (Planning) Regulations under the Buildings Ordinance in Hong Kong prescribe barrier-free standards and design requirements on Barrier Free Access and facilities, to ensure that suitable Barrier Free Access and facilities are provided in private buildings. The Government of the HKSAR also subscribes to the same standards and requirements in its building projects. Specifically, the government Building Authority has issued the Design Manual: Barrier Free Access to require the provision of suitable barrier-free access and facilities in private buildings. The purpose is to facilitate greater independence of persons with disabilities, the elderly as well as people with other forms of physical infirmities or limitations. Essentially, the Design Manual consists of two parts. First, there is the mandatory section which sets out obligatory design requirements for basic building facilities like car parks, lifts and escalators, access routes, steps and staircases, doors, toilets, signs, illumination, service counters, etc. There is also the best practice section, which outlines recommended design requirements to improve provisions leading to better and more convenient access and facilities.  

     In devising and reviewing the Design Manual, the government Building Authority is supported by a standing Technical Committee, with members from other relevant government departments, building professionals from the private sector, knowledgeable academics and persons with disabilities. Together, they help review and enrich the Design Manual from time to time to take into account the practical experience in the use of the Design Manual, advancements in building design, technologies and construction methods, and latest relevant overseas regulatory controls and standards. All newly constructed buildings and any modifications or additions to existing buildings are required to comply with the barrier-free design requirements as stated in the prevailing Building (Planning) Regulations and the Design Manual.  

     Apart from legal measures, we also ensure barrier free access through administrative means. The Government of the HKSAR has implemented the Access Co-ordinator and Access Officer Scheme since 2011 to improve the accessibility of government facilities and service. In order to keep track of and enhance these facilities and services, government bureaux and departments are required to submit annually a review report on the barrier-free facilities and services at the premises under their management. As for public transport and pedestrian links, we launched the Universal Accessibility Programme in 2012 to proactively provide more barrier-free access facilities, such as lifts and ramps, to facilitate access to public walkways.  

     We are delighted that Hong Kong's efforts in barrier-free access were recognised by the United Nations Committee on the Rights of Persons with Disabilities (UN Committee). In its concluding observations on the combined second and third reports of China in 2022, the UN Committee noted with appreciation the adoption of legislation and public policies in Hong Kong and of protocols and guidelines for the purpose of promoting and protecting the rights of persons with disabilities enshrined in the Convention, and in particular, it took note of the amendment of the Design Manual (2021 Edition) to include various provisions for barrier-free access, and the funding allocation to the Universal Accessibility Programme, among others.

Conclusion

     The Government of the HKSAR is committed to bolstering sustained pragmatic measures and initiatives, aiming at creating an environment that promotes freedom of choice and independence, and respects an individual's right to live a full life with dignity, irrespective of differences in ability and age. We will continue our efforts, in close partnership with all stakeholders, in protecting the rights of persons with disabilities, with a view to building a caring and disability-inclusive society in Hong Kong. 

     Thank you.  

Ends/Monday, May 22, 2023
Issued at HKT 19:03

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