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CESCR
25th session
27 April 2001
Afternoon






Hong Kong Is Dependent on International Economy for
its Survival, Delegation Says



The Committee on Economic, Social and Cultural Rights this afternoon continued its consideration of an initial report on Hong Kong, presented by China, with a Government delegation saying that Hong Kong's economy was dependent on the situation of the international economy for its survival.

The comment was made by the Government delegation from the Special Administration Region of Hong Kong in the course of the Committee's consideration of the report. The delegation said that Hong Kong had to survive in the international economy and had no control over what would happen elsewhere which might affect it.

Committee members queried the delegation on the factors leading to the increased rate of suicide, particularly among children. Experts also said that women were not mainstreamed in Hong Kong; they should be involved at a higher level. Women were patronized in the society. They should be treated on equal terms as men. The situation of children and women was worrisome, members said.

China presented the report of Hong Kong by virtue of the Sino-British Joint Agreement which reverted Hong Kong to its sovereignty on 1 July 1997. China is not among the 144 States parties to the treaty, but it has ratified the International Covenant on Economic, Social and Cultural Rights and the instrument will enter into force on 27 June 2001.


At the beginning of the afternoon meeting, the Committee held a one-hour private meeting to discuss its draft concluding observations and recommendations on the initial report of Honduras, which was already considered this week.

When the Committee reconvenes at 10 a.m. on Monday, 30 April, it will conclude its consideration of the initial report of China on Hong Kong.


Discussion

In response to questions raised by Committee members during the morning meeting, the delegation said that the United Kingdom and China were parties to the 1951 Geneva Convention on the status of refugees but they had not extended it to Hong Kong. However, Hong Kong had a good reputation concerning its treatment of refugees, particularly those arriving in boats from Viet Nam. No boat carrying Vietnamese asylum-seekers had been returned.

There was special treatment for children born in Mainland China and those born in Hong Kong, the delegation said. A "one-way permit" had been issued to those born outside Hong Kong and their right to vote depended on that permit. Since China took over Hong Kong, the regional authorities had issued such permits to 250,000 persons born in Mainland China.

Hong Kong had to survive in the international economy and it had no control over what happened elsewhere which would affect it, the delegation said. Unlike the economy of the Mainland, Hong Kong could not count on its own economic system without being influenced by the international performance. The financial crisis that had affected Asia had also had its consequences for Hong Kong's economy. Hong Kong had no resources except its people.

Employers had to assume the additional cost incurred through measures to protect workers, the delegation said. The gradual adaption of wages to the living costs had been the concern of the Government, taking into account the maintenance of minimum wage. However, the Government had been endeavouring to upgrade the living conditions of its working population. In addition, the unemployment rate had been kept at 2 to 3 per cent. A task force for employment had been set up to ease unemployment and to increase training and upgrading programmes. The trend for the demand and supply of labour should match by the year 2005.

There was no statistical indication that the unemployment problems of women were more serious than those of men, the delegation said. It was true that in the third quarter of 2000, the overall unemployment rate for women was lower than that for men. In early 1999, unemployment had reached its maximum of 6.3 per cent. The Government remained concerned about the problem and had pro-actively sought to address it through training, employment services and job creation.

The average working week was 48 hours, the delegation said; there was no legislation on maximum hours; maximum working hours were part of each labour contract. Workers were working in safe conditions.

In 1997, new legislation had been enacted to protect workers from unfair dismissal based on discrimination, the delegation said. Employers practising unfair dismissal could face prosecution resulting in a fine and an obligation to reintegrate the dismissed employee.

A women's commission had been established to serve as a central mechanism to promote the well-being and interest of all women in the region, the delegation said. The commission ensured that women-related concerns were taken into account in policy formulation. In order to eliminate discrimination on the ground of sex, an equal opportunities commission which was a statuary body had been established.

Why were foreign domestic helpers excluded from the social security scheme, asked an Expert. Was there an alternative system of social security for those persons?

In follow-up questions, Committee members asked the delegation about such issues as the right to vote for persons coming from mainland China; discrimination based on race; the status of domestic workers; minimum wage; and domestic violence, among other things.

What were the factors responsible for the increased rate of suicide, particularly among children, an Expert asked. Was there child abuse? Experts also said that women were not mainstreamed in Hong Kong; they should be at the higher level. Women were patronized in the society. They should be treated on equal terms as men. The situation of children and women was worrisome, members said.

Asked if the national confederation of trade unions was able to join international trade union movements, the delegation said that the confederation had the right but it did not know if such action had taken place. On the domestic level, collective bargaining could be carried out on a tripartite basis to reach a collective agreement. Compulsory collective bargaining had been a controversial issue in the past.

On the issue of the right to strike, the delegation said that the legislation had a clear position about allowing the right to strike. In addition to that, a labour law had been enacted to strengthen that right, emphasizing that the exercise of the right to strike could not be a cause for any mass lay-offs.

With regard to the situation of domestic workers, inspection of labour relations in private residences, where many of them worked, was not possible, the delegation said.



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