U.S. Human Rights Report on Hong Kong 2001 ¡@

Hong Kong reverted from British to Chinese sovereignty on July 1, 1997 (the handover). As a Special Administrative Region (SAR) of the People's Republic of China (PRC), Hong Kong enjoys a high degree of autonomy except in defense and foreign affairs and remains a free society with legally protected rights. The Basic Law, approved in 1990 by the PRC's National People's Congress (NPC), provides for fundamental rights and serves as a "mini-constitution." A Chief Executive, selected by a 400-person selection committee that was chosen by a PRC-appointed preparatory committee, exercises executive power. The legislature (known as the Legislative Council) is composed of directly and indirectly elected members. In September 2000, the second Legislative Council was elected for a 4-year term. Twenty-four seats were elected on a geographic basis through universal suffrage, 30 seats through functional (occupational) constituencies, and 6 seats through indirect election. Human rights groups and democracy advocates complained that the elections for functional constituency and election committee seats are undemocratic since only 180,000 voters were eligible to elect the 30 legislators elected by functional constituencies and the 6 legislators elected indirectly, while over 3 million persons were eligible to vote for 24 legislators elected by geographical constituencies. However, no parties boycotted the elections. Prodemocracy candidates won 17 of the 24 seats elected on a geographic basis (including one in a December 2000 by-election) and 22 seats overall.

The power of the legislature is curtailed substantially by voting procedures that require separate majorities among both geographically and functionally elected legislators for bills introduced by individual legislators, and by Basic Law prohibitions against the legislature's initiating legislation affecting public expenditures, political structure, or government operations. In addition the Basic Law stipulates that legislators only may initiate legislation affecting government policy with the prior approval of the Chief Executive. "Government policy" in practice is defined very broadly. By law and tradition, the judiciary is independent and the Basic Law vests Hong Kong's highest court with the power of final adjudication; however, under the Basic Law, the Standing Committee of the NPC has the power of final interpretation of the Basic Law. The Government's controversial 1999 request to the Chinese Government to seek such an interpretation resulted in an NPC Standing Committee interpretation which effectively overturned a ruling by the Court of Final Appeal, Hong Kong's highest court, raising questions about the potential future independence and ultimate authority of Hong Kong's judiciary.

A well-organized police force under the firm control of local civilian authorities maintains public order. Individual members of the police sometimes used excessive force. The 4,000 Chinese troops sent to Hong Kong in 1997 to replace the British military garrison have maintained a low profile and have not performed police functions.

Hong Kong is a major international trade and finance center. It is the principal gateway for trade and investment with China. A thriving free market economy operates with limited government interference. The economy, which provides residents a high standard of living, declined in the latter half of the year in connection with the global economic slow-down. Per capita gross domestic product (GDP) is $24,375 (HK$190,124); the population is approximately 6.8 million.

The Government generally respected the human rights of residents, and the law and judiciary generally provide effective means of dealing with individual instances of abuse. Human rights problems that existed both before and after the handover include: limitations on residents' ability to change their government and limitations on the power of the legislature to affect government policies; occasional police use of excessive force; some degree of media self-censorship; violence and discrimination against women; discrimination against the disabled and ethnic minorities; intimidation of foreign domestic workers; and trafficking in persons for the purposes of forced labor and prostitution. Despite the ban on the Falun Gong in mainland China, the Falun Gong remained legally registered and generally free to continue its activities in Hong Kong.

RESPECT FOR HUMAN RIGHTS

Section 1     Respect for the Integrity of the Person, Including Freedom From:

a. Arbitrary or Unlawful Deprivation of Life

There were no reports of arbitrary or unlawful deprivations of life committed by the Government or its agents.

There was one reported death of a detainee during the year, and one reported death of an escaped detainee; both persons appear to have committed suicide. In January a prisoner was found hanging in his cell; his death was ruled to be suicide. In July a woman who had escaped police custody reportedly jumped to her death from her home; the incident was still under investigation at year's end. In 2000 there were four deaths in custody; three were ruled to be suicide, and one was found to be an accidental death.

b. Disappearance

There were no reports of politically motivated disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law forbids torture and other abuse by the police; however, there were reports that police at times used excessive force against persons in custody. The law stipulates punishment for those who violate these prohibitions, and disciplinary action can range from warnings to dismissal. Criminal proceedings may be undertaken independently of the disciplinary process. Allegations of excessive use of force are investigated by the Complaints Against Police Office (CAPO), whose work is monitored and reviewed by the Independent Police Complaints Council (IPCC), a body composed of public members appointed by the Chief Executive.

Although excessive use of force by police is not widespread, there are occasional complaints of force being used during interrogations to coerce information or confessions, and in a few instances in the past those complaints were partially substantiated, although there were no such complaints during the year. In the first 10 months of the year, CAPO received 617 complaints of assault by the police. Of the 205 cases in which investigations were completed and endorsed by the IPCC, 154 were withdrawn, 29 were deemed "not pursuable," 1 was judged to be "no fault," 9 were judged to be false, and 12 were judged "unsubstantiated." None was substantiated. The remainder (412 cases) was pending investigation at year's end. Of the 1039 assault allegations received in 2000, 3 were partially substantiated and none was substantiated as reported; 66 still were pending. The U.N. Human Rights Committee and local human rights groups have called for a more independent and efficient monitoring body with statutory powers, noting long delays in hearing some allegations, the large difference between the number of complaints received and the few that are substantiated, the light punishment that police officers received when complaints were found to be substantiated, and the unwillingness of some witnesses to pursue complaints for fear of retribution. In May 2000, the U.N. Committee against Torture expressed concern over the "lawful authority" defense of, and the lack of prosecutions under, the Crimes (Torture) Ordinance. In 1999 the U.N. Human Rights Committee expressed concern that police responsibility for investigation of police misconduct undermines the credibility of IPCC investigations and called on the Government to reconsider its approach.

Six police officers accused during the year of assaulting a television cameraman during interrogation were acquitted in District Court in August, but faced an internal police disciplinary inquiry. Also in August, an internal police review concluded that police operational decisions and actions in a June 2000 protest against the Government's right of abode (see Section 1.e.) policies were in accordance with the law. The police had been accused of using excessive force when they used pepper spray and hit demonstrators when removing them from the entrance to the main government office building. Two police officers earlier had received verbal warnings for excessive use of pepper spray.

Prison conditions generally meet international standards. Men and women are housed separately, juveniles are housed separately from adults, and pretrial detainees are held separately from convicted prisoners.

The Government permits prison visits by human rights monitors. Local justices of the peace regularly inspect prisons, but these visits rarely are unannounced, and justices of the peace speak with prisoners in the presence of Correctional Services Department staff. Human rights monitors have called for revisions to the inspection system.

d. Arbitrary Arrest, Detention, or Exile

Common law, precedents previously in force, and the Basic Law provide substantial and effective legal protection against arbitrary arrest or detention and the Government generally observes these provisions. Suspects must be charged within 48 hours or released. The average length of preconviction incarceration does not exceed 80 days.

The law does not provide for, and the Government does not use, forced exile.

 e. Denial of Fair Public Trial

The Basic Law provides for an independent judiciary and the Government generally respects this provision in practice. The judiciary provides citizens with a fair and efficient judicial process. The judiciary has remained independent since the handover, underpinned by the Basic Law's provision that Hong Kong's common law tradition be maintained. Under the Basic Law, the courts may interpret on their own provisions of the Basic Law that are within the limits of the autonomy of the region. The courts also may interpret other provisions of the Basic Law that touch on central government responsibilities or on the relationship between the central authorities and the SAR, but before making final judgments on these matters, which are unappealable, the courts must seek an interpretation of the relevant provisions from the Standing Committee of the National People's Congress (in the controversial 1999 "right of abode case," the Government, not the court, sought an interpretation from the Standing Committee). When the Standing Committee makes an interpretation of the Basic Law provisions concerned, the courts, in applying those provisions, "shall follow the interpretation of the Standing Committee." Judgments previously rendered are not affected. The National People's Congress vehicle for interpretation is its Committee for the Basic Law, composed of six mainland and six Hong Kong members. The Hong Kong members are nominated by the Chief Executive, the President of the Legislative Council, and the Chief Justice. Human rights and lawyers' organizations long have expressed concern that these exceptions to the Court of Final Appeal's power of final adjudication and this interpretation mechanism could be used to limit the independence of the judiciary or could degrade the courts' authority.

In the controversial 1999 right of abode case the Government, which had lost the case in the Court of Final Appeal, asked the court to clarify its decision. After the clarification, which did not fundamentally alter the court's decision, the Government sought a reinterpretation of the Basic Law provisions at issue in the case from the NPC Standing Committee (NPCSC). The NPCSC's reinterpretation meant that the ruling by the Court of Final Appeal, which remained in force for the abode claimants involved in the case, would not apply to those with similar abode claims. The reinterpretation also raised questions about the potential future independence and ultimate authority of Hong Kong's judiciary. Since the controversy, the Government has expressed its intention to make recourse to the NPC interpretation mechanism a rare and exceptional act. In several right of abode cases before the Court of Final Appeal during the year, the Government argued that the Court should seek an NPCSC interpretation of relevant Basic Law provisions, but did not seek one itself when the Court declined to do so, even in the one case that it lost.

The Court of Final Appeal is Hong Kong's supreme judicial body. An independent commission nominates judges; the Chief Executive is required to appoint those nominated, subject to endorsement by the legislature. Nomination procedures ensure that commission members nominated by the private bar have a virtual veto on the nominations. Legal experts complained that the commission's selection process is opaque. In November 2000, legislators requested that the process be made transparent. The Government responded that privacy concerns prevented opening the process to the public. The Basic Law provides that, with the exception of the Chief Justice and the Chief Judge of the High Court, who are prohibited from residing outside of Hong Kong, foreigners may serve on Hong Kong's courts. Approximately 40 percent of Hong Kong's judges are expatriates from other common law jurisdictions. Judges have security of tenure until retirement age (either 60 or 65, depending on date of appointment).

Beneath the Court of Final Appeal is the High Court, composed of the Court of Appeal and the Court of First Instance. Lower judicial bodies include the District Court (which has limited jurisdiction in civil and criminal matters), the magistrates courts (which exercise jurisdiction over a wide range of criminal offenses), the Coroner's Court, the Juvenile Court, the Lands Tribunal, the Labor Tribunal, the Small Claims Tribunal, and the Obscene Articles Tribunal.

The law provides for the right to a fair public trial, and an independent judiciary generally enforces this right. Trials are by jury, and the judiciary provides citizens with a fair and efficient judicial process.

Under corruption prosecution rules, there is a presumption of guilt in official corruption cases. Under the Prevention of Bribery Ordinance, a current or former government official who maintains a standard of living above that which is commensurate with his official income or who is in control of monies or property disproportionate to his official income is, unless he can satisfactorily explain the discrepancy, guilty of an offense. The courts have upheld this practice.

Human rights activists remain concerned that the legal system may favor those closely aligned with China or with powerful local institutions. In particular, concerns were raised by two past Justice Department decisions, in which the Government decided not to prosecute the New China News Agency for alleged violations of the Privacy Ordinance (see Section 1.f.) or to prosecute a prominent newspaper editor with close ties to Beijing who was accused of fraud.

In 1998 the Provisional Legislature passed the controversial Adaptation of Laws (Interpretive Provisions) Ordinance, which replaced the word "Crown" in Hong Kong legislation with the word "State" in hundreds of existing laws. Critics expressed concern that this change would place the Chinese government organs above the law, since laws that previously did not apply to the Crown would not apply to the (Chinese) State, including Central Government organs stationed in Hong Kong. Since 1998 58 laws have been amended to encompass the State specifically.

According to the Basic Law, English may be used as an official language by the executive, legislative, and judicial branches. For historical reasons and because of the courts' reliance on common law precedents, almost all civil cases and most criminal cases are heard in English. In recent years; however, the Government has developed a bilingual legal system. It has increased the number of officers in the Legal Aid Department proficient in Chinese and extended the use of bilingual prosecution documents and indictments. All laws are bilingual, with the English and Chinese texts being equally authentic. All courts and tribunals may operate in either Chinese or English. Judges, witnesses, the parties themselves, and legal representatives each decide which language to use at any point in the proceedings.

Some human rights groups have expressed concern that the Government has not protected vigorously enough the interests of Hong Kong residents arrested in mainland China. Complicating the Government's effort is the absence of an agreement allowing Hong Kong officials access to Hong Kong citizens arrested or detained in mainland China. Under an agreement signed in October 2000 and in effect since January 1, PRC and Hong Kong public security authorities notify each other of certain categories of detentions of each other's residents.

There were no reports of political prisoners.

f. Arbitrary Interference with Privacy, Family, Home, or Correspondence

The law prohibits arbitrary interference with privacy, family, home, and correspondence, and the Government generally respects these prohibitions in practice. However, interception of communications can be, and is, conducted under the Telecommunications Ordinance and the Post Office Ordinance. Wiretaps require authorization for interception operations at the highest levels of government, but a court-issued warrant is not required. The Government has refused to reveal how often the Chief Executive uses his powers to authorize telephone wiretaps and interception of private mail.

The Office of the Privacy Commissioner for Personal Data (PCO), established under the Personal Data (Privacy) Ordinance (PDPO), is tasked with preventing the misuse and disclosure of data such as medical and credit records. The PDPO also prohibits matching sets of personal data without the consent of the subject individual or the commissioner, although some government departments were exempted in order to combat social welfare abuse and tax evasion. Some violations of the PDPO constitute criminal offenses. In other cases, an injured party may seek compensation through civil proceedings. If the PCO believes that violations may continue or be repeated, it may issue enforcement notices to direct remedial measures. From the end of 1996 when the PDPO took effect through the end of October, the PCO had received 2,655 complaints. In the 2,538 completed investigations, the PCO found violations of the PDPO in 143 cases, resulting in 13 cases referred to the Department of Justice and the police for prosecution consideration, the issuance of 37 enforcement notices and 93 warning notices. Of the 13 cases referred to the Department of Justice and the police, the Government as of October had decided to prosecute 2 cases and not to prosecute in 11 cases.

Under the Adaptation of Laws (Interpretive Provisions) Ordinance, the Personal Data Privacy Ordinance is not applicable to PRC government organs in Hong Kong. The Government still is considering whether the PDPO should apply to Chinese government organs. In June 1999, the High Court dismissed a legislator's civil suit over the failure of the then-New China News Agency (NCNA) to respond within the PDPO-specified time frame to the legislator's request for information about herself in the agency's files, because the NCNA Director named in the suit was not in Hong Kong at the time the incident occurred. In October 2000 the Director of the NCNA, now known as the Liaison Office, served the legislator a writ requiring the legislator to pay his court costs, as is allowed under Hong Kong law. The prodemocracy legislator eventually paid her opponent's court costs with a combination of public donations and personal funds.

Section 2     Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The law provides for freedom of speech and of the press, and the Government generally respects this right in practice; however, those who monitor press freedom assert that some journalists and news media practice a degree of self-censorship, particularly in mainland related reporting. Senior government officials regularly made statements in support of these freedoms. Overall, the media has been outspoken in defending civil liberties; however, two laws potentially allow limits on some speech and press freedoms. The Telecommunications Ordinance grants the Government wide-ranging powers to ban messages whenever it "considers that the public interest so requires." The Public Order Ordinance enables the Government to ban a demonstration on national security grounds, including as a factor whether a demonstration advocates independence for Tibet or Taiwan. In practice this situation has not arisen as only 5 demonstrations--out of more than 9,700 since the handover--have been disallowed, and none for national security reasons (see Section 2.b.). In November 1999, the U.N. Human Rights Committee expressed concern that the offenses of treason and sedition under the Crimes Ordinance are defined in overly broad terms, thus endangering freedom of expression. The Basic Law requires that the Government enact legislation prohibiting "treason, secession, sedition, subversion against the Central People's Government, or theft of state secrets." The process of developing this legislation continues with no indication of when it will conclude.

Individuals may criticize the Government publicly or privately without reprisal. Persons speak freely to the media, and many use the media to voice their views. Political debate is vigorous, and numerous viewpoints, including stories and opinions critical of the SAR and Chinese Governments and statements by leading Chinese dissidents and proindependence Taiwan activists, are provided in the mass media, in public forums, and by political groups.

The founder of the Information Center for Human Rights and Democracy Movements in China (which issues press releases on human rights-related strikes, demonstrations, and arrests in China), reported that harassment from the mainland by PRC security agencies continued in the form of regular electronic attacks on his pager.

In a move some human rights organizations decried as an attack on free speech, the Government early in the year reviewed the tax exempt status of a nongovernmental organization (NGO) that had been vocal in its opposition to certain government policies. The stated cause for the review was the group's participation in various public activities on issues not explicitly related to the organization's chartered purpose. Human rights groups noted that the Government was not reviewing the tax-exempt status of progovernment NGO's that participated in similar public activities tangential to their main purpose. In March the Government, which denied the review was politically motivated, informed the group of its decision not to revoke its tax-exempt status.

It is illegal to desecrate publicly and willfully a PRC or Hong Kong flag or emblem. In December 1999, the Court of Final Appeal ruled unanimously that laws against flag-desecration did not violate the Basic Law (or the International Covenant on Civil and Political Rights (ICCPR) subsumed therein) and reinstated the 12 months' probation given to two persons convicted of desecrating the Hong Kong and Chinese flags during a peaceful demonstration in 1998. In February, a prominent local activist was convicted of desecrating the Hong Kong flag by publicly and willfully defiling it during three separate public protests in July 2000 and was placed on a 12-month good behavior bond for $385 (HK$3,000). Human rights groups maintained that laws prohibiting flag desecration do not comply with Article 19 of the ICCPR and are therefore not consistent with Hong Kong's international legal obligations.

Newspapers publish a wide variety of opinions, including opinions on Taiwan, Tibet, PRC leadership dynamics, Communist Party corruption, and human rights. There are 15 daily newspapers, all privately owned in name although four are supported financially--and guided editorially--by the PRC (Wen Wei Po, Ta Kung Pao, the Hong Kong Commercial Daily, and the China Daily). The non-PRC-owned newspapers, hundreds of periodicals, four commercial television stations (broadcast and cable) and two commercial radio stations function with virtually no government control. International media organizations operate freely. Foreign reporters need no special visas or government-issued press cards.

China still requires journalists--both foreign and those from Hong Kong--to apply for permission to make reporting trips to the mainland. At least one publication whose owner offended China's leadership in the mid-1990's subsequently has been unable to get official permission for its reporters to cover events on the mainland.

Although regular coverage of supposedly taboo or sensitive subjects continue to appear in print and in the broadcast media, groups that follow press freedom in Hong Kong assert that media self-censorship continues and that certain subjects are emerging as "no go" areas for some media outlets. Such subjects include topics of particular sensitivity to China or Hong Kong's powerful business interests, leadership dynamics, military activity, Taiwanese or Tibetan independence, or powerful businessmen's relations with the mainland Government.

The pressure to self-censor purportedly comes from the belief by some publishers and editors that advertising revenues or their business interests in China could suffer if they were seen to be too antagonistic to China or to powerful local interests. In December 2000, four newspapers printed Falun Gong advertisements protesting Chinese government persecution of its members. Three newspapers, however, refused to print the advertisement; one based its refusal on the grounds that the advertisement was "defamatory of the Central Government."

In October the South China Morning Post's (SCMP) new English-language competitor, the Hong Kong iMail, abruptly dropped a satirical comic strip, which had found new life after having been dropped by the SCMP in 1995 after it implicated then-PRC Premier Li Peng in the sale of organs from executed prisoners. The newspaper also dropped much of its extensive and critical political coverage of Hong Kong and China, as it shifted focus predominantly to business-related news. The publisher portrayed the cuts as cost-saving measures.

The sudden departure from the SCMP in November 2000 of its long-time China observer Willy Wo-lap Lam continued to be described by human rights organizations as an example of media self-censorship related to a media owner's commercial interests in China. The Hong Kong Journalists Association noted in its annual report on press freedom that the SCMP since Lam's departure had continued to report on sensitive China issues, but lamented the paper's "cessation" of reporting on internal political maneuvering within the top Chinese leadership and the possible effect that this reporting gap might have on both the mainland and Hong Kong. The paper continued to cover internal PRC politics, but much less often than during Lam's tenure.

In 1999 in response to a growing number of complaints about tabloid-style journalism that encouraged intrusive reporting by the press, the Law Reform Commission suggested that the Government appoint a Press Council with the power to reprimand or fine a publication found to be "in serious breach of the Privacy Code." Public reaction included concerns by journalists, legal experts, human rights activists, and others that such a body could be used to restrict press freedom. The Government indicated its preference that the media should regulate itself. Many (but not all) major newspapers and news associations established an industry watchdog, the Hong Kong Press Council, which began its work in September 2000. Some critics complained that some newspapers, including those with the most invasion of privacy complaints against them (the Oriental Daily, the Apple Daily, and the Sun), had declined to participate in the voluntary organization. Others expressed concern that even this nonstatutory organization could potentially be abused to restrict press freedoms. In the first year of the new organization's work, it received 40 complaints from readers, who claimed intrusion of privacy, or complained of exaggerated, inaccurate, or overly graphic reporting. Three quarters of the complaints were directed at nonmember organizations. The Council in several cases requested explanations or corrections from the offending media organ and in at least one case claimed responsibility for a published apology by a nonmember. The Press Council in October and November argued that it should expand its scope to include "excessive behavior" of journalists and "unethical reporting" and sought legislation that would give it "qualified privilege" from being sued for libel by newspapers which come under Press Council criticism. Free press advocates continued to oppose the Press Council as a body that could be used to restrict press freedom, and spoke out against any increase in the Council's powers.

The government-owned Radio Television Hong Kong (RTHK) continued to enjoy the editorial independence granted to it in its charter, but pressure on it from local pro-PRC figures to moderate coverage of politically sensitive issues continued. In May, the PRC-owned newspaper Wen Wei Po criticized RTHK for suggesting that Tibet was a country. RTHK subsequently issued a statement that Tibet was part of China, that the presenter had been quoting the views of others, and admitted that the segment was "lacking in impartiality." RTHK later gave a more complete explanation of the Tibet question and included the PRC stance. In June a pro-PRC politician called on the Government to require RTHK to use a term other than "President" when referring to the leader of Taiwan, an entity the PRC refers to as a province. RTHK declined to change its practice but stated publicly that its treatment of the subject did not imply that Taiwan is an independent sovereign state. In November the Government reaffirmed its policy of maintaining the editorial independence of RTHK in response to criticism that the Chief Executive's description of one program as being "in bad taste" might indicate a change in the Government's attitude. Debate continues over the desirability of privatizing RTHK.

In November 2000, a lawyer sued two radio talk show hosts for defamation, and the Court of Final Appeal ordered a retrial when it ruled that the trial judge in a lower court had misdirected a jury in a way that could endanger freedom of speech. In so doing, the Court effectively overturned a 150-year old guideline for defamation cases and called for a more generous approach toward the defense of fair comment by ruling that honest remarks, even those made with malice, could still be construed as fair comments.

At an April 2000 public seminar, a senior deputy director of the Central People's Government Liaison Office in Hong Kong (formerly called the New China News Agency or Xinhua) stated that Hong Kong should expedite the drafting of antisubversion laws required by Article 23 of the Basic Law in order to define the difference between reporting on the issue of Taiwan independence and advocating independence (in order to make it clear what kind of reporting on Taiwan was permitted). The official's remarks created a furor among politicians, human rights activists, and the media, and renewed concerns over the drafting of the antisubversion law required by the Basic Law. Some saw the official's remarks regarding Taiwan as a warning to the press not to advocate independence for Taiwan. Then-Acting Chief Executive Anson Chan issued a statement affirming freedom of the press under the Basic Law and restated the Government's position that the timetable and content of antisubversion legislation had yet to be decided. Following the incident, there was no apparent diminution in Hong Kong media reporting on Taiwan, including of proindependence views.

A publisher of Falun Gong publications again successfully reserved prominent space at the annual Hong Kong International Book Fair, but decided to leave the space vacant. A representative of the PRC-banned Quan Yin Method promoted by the Taiwan-based Supreme Master (or Suma) Ching Hai International Association occupied a booth at the Fair.

After some Hong Kong publishing houses owned by mainland Chinese interests declined to continue publishing Falun Gong materials after the movement was banned on the mainland in July 1999 (see Section 2.c.), the Falun Gong shifted the majority of its publishing to companies based elsewhere. The group is able to print flyers and small items in Hong Kong, despite reported concerns of some printers about associating with the group. Some bookstores continued to offer Falun Gong materials for sale, but bookstores operated by Chinese enterprises that removed Falun Gong books from their shelves in the wake of the July 1999 mainland ban on the movement continued to refuse to carry Falun Gong publications.

The Government generally does not restrict or censor cultural events and exhibits. However, some observers saw the decision of senior government officials not to meet with the mainland-born Gao Xingjian, the first Chinese to win the Nobel Prize for Literature, during the his January visit to Hong Kong as deference to PRC displeasure with the award to the exiled writer. One complaint was that the Government's reluctance to associate with the writer, most of whose works are banned in China, contributed to the idea that Hong Kong residents should "self-censor" their behavior with a view to PRC political sensitivities. At the same time, however, Gao's writings sold briskly as public interest in the writer's works increased. In addition, a major Hong Kong university--which receives significant Government funding--subsequently bestowed an honorary doctorate on Gao.

The Basic Law provides for academic freedom, and the Government respects that freedom in practice. There is independent research, a wide range of opinions, and lively debate on campuses. The Hong Kong University-based pollster, whose allegations in 2000 that the Government had pressured him to stop conducting polls on the Chief Executive's declining popularity, and led to the resignations of two senior University officials, continued his polling work unrestricted. However, the academic no longer issued public releases to announce his poll results but rather posted them on a Web site. As of September, a University task force set up to monitor academic freedom on the campus in the wake of the controversy had received no substantive reports of infringements; however, a university-appointed Commission set up in 2000 to review the controversy found the pollster's allegations were credible.

In July, the Government allowed Hong Kong-based U.S. academic Li Shaomin to enter Hong Kong and return to work despite the fact that Li had been convicted of espionage by the PRC and expelled from the mainland only days earlier. Reportedly, Li's "offense" had been receiving and sharing information on business practices on the mainland that would be considered public information in most countries. Li's university allowed him to resume his position despite calls from some pro-PRC figures that he be fired. Li's pay eventually was docked for the months he spent away from work while detained in the mainland.

There are no restrictions on the use of the Internet.

b. Freedom of Peaceful Assembly and Association

The Basic Law provides for freedom of assembly and the Government generally respects this right in practice. The Government routinely issues the required permits for public meetings and demonstrations. Article 23 of the Basic Law provides that Hong Kong shall enact laws to prohibit subversion, secession, treason, and sedition against the Chinese Government. The process of developing this legislation continues with no indication of when such laws may be enacted. Prehandover amendments to the Crime Ordinance narrowed the definition of treason and sedition to include a "proven intention of causing violence or creating public disorder or a public disturbance." However, the amendments stipulate that the Government must name the date when the change is to take effect, and the Government has chosen not to enact the amendments until comprehensive legislation dealing with all "Article 23 crimes" is developed. In the interim, preexisting provisions in the Crimes Ordinance dealing with treason and sedition continue to apply.

A posthandover revised Public Order Ordinance reintroduced the concept of the notice of no objection for public processions and empowered police to object to demonstrations on national security grounds as well as to protect the rights and freedoms of others. Under the law, demonstration organizers must notify the police of their intention to demonstrate 1 week in advance (shorter notice is accepted when the Commissioner of Police is satisfied that earlier notice could not have been given) for a march involving more than 30 persons and for an assembly of more than 50 persons. The police must give a clear reply within 48 hours if it objects, but otherwise no reply indicates no objection. In practice, demonstrators can assume "no objection" if they are not notified otherwise by 48 hours in advance of the planned demonstration. The national security provision never has been invoked. Appeals of a denial to demonstrate may be made to a statutory appeals board comprising members from different sectors of society. No public official is on the board. Both the board's proceedings and the police's exercise of power are subject to judicial review.

Student groups and human rights activists continued to criticize the Public Order Ordinance and called for amendments to the law. Some also demanded that it be repealed on the grounds that its provisions violated the right of assembly and the International Covenant on Civil and Political Rights (ICCPR). In December 2000, in a vote heatedly opposed by prodemocracy legislators, the Legislative Council supported the ordinance in its current form by a vote of 36 to 21. Proposed amendments to the Public Order Ordinance include reducing the advance notification period, doing away with the notice of no objection, eliminating "excessive" criminal penalties of up to 5 years in prison, and requiring the police to obtain a court order in order to prohibit a demonstration. In what amounts to acts of civil disobedience, one group refuses to comply with the notification provisions, and it has made clear its intention to continue to do so until the law is revoked. The U.N. Human Rights Committee in November 1999 noted its concern that the ordinance could be applied to restrict the right of assembly unduly, and it called on the Government to review the law and bring its terms into compliance with the ICCPR.

Since the handover, there have been over 9,700 public meetings and public processions--an average of approximately 6 per day, which is roughly 50 percent higher than prehandover rates. Approximately half of these demonstrations required notification. Since the handover, the police have objected to 8 demonstrations, three of which went ahead after the demonstration organizers altered their plans. In the first 10 months of the year, police objected to 3 out of 1,860 demonstrations (two processions, one meeting) on the grounds that they were likely to cause undue disruption to vehicular traffic in a way that would affect emergency vehicles responding to emergencies. The meeting and one of the processions involved a request to conduct a container truck "slow drive" through the central business district to protest container-handling fees. The other procession denied involved a proposal to conduct a vehicular procession to protest proposed changes to village electoral arrangements (see Section 4).

Demonstrators have complained that demonstrations often are limited to "designated areas" where they receive little public attention and that police sometimes outnumber demonstrators. A police order issued in September 1998, while underlining that it is police policy "to facilitate, as far as possible, all peaceful public order events," also stipulates that certain "internationally protected persons" are, in addition to security, entitled to "protection of their dignity." Human rights activists remain concerned that the policy could lead to the use of police tactics that the IPCC had previously ruled were inappropriate. These issues were prominent in May when PRC President Jiang Zemin participated in a global business forum in Hong Kong. Although numerous demonstrations took place, including demonstrations by hundreds of local and foreign Falun Gong practitioners, designated protest zones were 975 feet from the conference venue and mostly out of sight and earshot of the forum participants. The Government also denied entry into Hong Kong to approximately 100 overseas Falun Gong practitioners who had planned to participate in demonstrations. One minor scuffle between police and (non-Falun Gong) protesters led to charges against a handful of demonstrators, which in the end resulted in acquittals of the protesters and a judge's criticism of police behavior.

In addition to assemblies and marches on Hong Kong-related issues, groups continue to be free to demonstrate on issues of sensitivity in mainland China. In late May, approximately 1,500 persons marched through central Hong Kong to commemorate the 12th anniversary of the June 4, 1989, massacre in Beijing's Tiananmen Square. On June 4, tens of thousands attended the annual candlelight vigil to commemorate the anniversary. Falun Gong practitioners regularly conduct public protests against the crackdown on fellow practitioners on the mainland, including directly in front of the Hong Kong offices of the Central Government. However, in August, police briefly detained several Falun Gong protesters for obstructing a public area outside of those PRC offices. No charges were filed and the protests continued, although in a designated area to one side of the Liaison Office's entrance. In November police seized Falun Gong protesters' placards and banners, again on the grounds of public obstruction. When the protesters replaced the signs and banners the following day with identical ones, police warned of additional seizures, but the protests, with banners, continued through the end of the year with no further police action.

Falun Gong adherents report that, unlike in previous years, they have been unable to secure appropriate facilities to host an annual international conference of Falun Gong practitioners. The group's applications to rent both government-administered and privately owned facilities were repeatedly turned down.

The Basic Law provides for freedom of association and the Government generally respects this right in practice. Since the handover, no applications for registration have been denied. From January through October, the Societies Licensing Office of the police registered 1,176 new organizations for a total of 5,851 registered since the 1997 handover. However, the "Never Forget June 4 Organization," whose constitution calls for the end of one party rule in China, claimed that the police continue to delay the group's registration. The police claimed not to have received any application from a group by that name. Human rights groups also have expressed concern that the amended Societies Ordinance--which like the amended Public Order ordinance was passed by the Provisional Legislature--could be used to restrict political activity. The Societies Ordinance requires that new societies must apply for registration within 1 month of establishment. The Government may refuse registration if it believes that the refusal is necessary in the interests of national security, public safety, public order, or the protection of the rights and freedom of others. The Government also may refuse to register a political body that receives support from a foreign political organization or a Taiwan-based political organization. The U.N. Human Rights Committee in November 1999 noted its concern that the ordinance could be applied to restrict unduly the right of association and called on the Government to review the law so as to ensure full protection of the right to freedom of association under the ICCPR.

c. Freedom of Religion

The Basic Law provides for freedom of religion, the Bill of Rights Ordinance prohibits religious discrimination and the Government respects these provisions in practice. The Government at all levels protects religious freedom in full, and does not tolerate its abuse, either by government or private actors.

The Government does not recognize a state religion but does grant public holidays to mark numerous special days on the traditional Chinese and Christian calendars, as well as the Buddha's birthday.

Religious groups are not required to register with the Government and are exempted specifically from the Societies Ordinance, which requires the registration of nongovernmental organizations. Some groups, such as the Falun Gong and various other qigonq groups that do not consider themselves religions, have registered under the Societies Ordinance. Catholics freely and openly recognize the Pope as the head of the Catholic Church.

Although under the Basic Law the PRC Government has no say over religious practices in Hong Kong, its representatives in the SAR and the two PRC-owned newspapers have criticized some religious and other spiritual groups and individuals there. Hong Kong religious leaders also have noted that the Basic Law provision that calls for ties between local religious organizations and their mainland counterparts to be based on "nonsubordination, noninterference, and mutual respect" could be used to limit such ties. In 2000 mainland authorities reportedly claimed a Hong Kong Catholic church leader had violated this noninterference clause by criticizing mainland religious policies. During this time period the Hong Kong Catholic Church reportedly had many contacts and exchanges with its counterparts in the mainland's official church put on hold. Also in 2000, Hong Kong-based Chinese officials urged Hong Kong's Catholic Church to keep "low key" any celebrations of the October 1 canonization by the Pope of 120 foreign missionaries and Chinese Catholics who had been martyred in China. These criticisms had little or no effect on activities in Hong Kong.

The spiritual movement widely known as Falun Gong is registered under the Societies Ordinance (since it does not consider itself a religion), practices freely, and holds regular public demonstrations against PRC policies. There were, however, a series of developments that sparked concerns about pressures on the Government to constrain the group's criticism of the PRC's anti-Falun Gong policies. An international Falun Gong conference held at a Government-owned facility in January drew intense criticism by pro-PRC organizations as well as PRC Government spokesmen. Statements by Chief Executive C.H. Tung in May and June that the group was "no doubt an evil cult" and that the Government would not let the Falun Gong "abuse Hong Kong's freedoms and tolerance to affect public peace and order" in Hong Kong or in the mainland prompted concern about the possibility of the Government taking action against the group, such as by enacting "anti-cult" legislation. The Government confirmed that it was studying the possibility, but stated in June that it had "no plans at present" to introduce such legislation. Prior to PRC President Jiang Zemin's visit in May, the Government claimed that the local Falun Gong practitioners' plan for demonstrations during the visit was "a deliberate move to undermine the relationship between Hong Kong and the central government" and subsequently barred entry into Hong Kong of approximately 100 overseas-based Falun Gong practitioners. Nonetheless, several hundred local and foreign Falun Gong practitioners demonstrated freely on numerous occasions and at numerous venues during President Jiang's visit. Police actions in August and November raised questions about the group's freedom of assembly and expression (see Section 2.b.), and unlike in previous years, the Falun Gong has been unable to secure a suitable venue to host a planned fifth international conference in Hong Kong (see Section 2.b.). Falun Gong representatives claim that Hong Kong practitioners remained generally undeterred by these developments, but state that the number of practitioners in Hong Kong has dropped from approximately 1,000 to approximately 500 since the PRC government began its mainland crackdown in mid-1999. Some Hong Kong publishing houses owned by mainland Chinese interests stopped publishing Falun Gong materials after the movement was banned on the mainland in July 1999, and some bookstores operated by mainland enterprises removed Falun Gong books from their shelves (see Section 2.a.).

Other martial arts/meditation groups, known collectively as qigong groups, including Zhong Gong (which was banned in the PRC in late 1999), Xiang Gong, and Yan Xin Qigong, also are registered as societies and practice freely. Another group allegedly listed as an "evil cult" by the PRC, the Taiwan-based Quan Yin Method, is registered legally and practices freely.

d. Freedom of Movement, Foreign Travel, Emigration, and Repatriation

The Basic Law provides residents freedom of movement within Hong Kong, freedom of emigration, and freedom to enter and leave the territory, and the Government generally respects these rights in practice. Travel documents are obtained freely and easily; however, there are some limits on travel to the mainland imposed by the mainland Government.

As was the case before the handover, the Taiwan passport is not recognized as valid for visa endorsement purposes.

In the past, several prominent overseas dissidents have been denied visas to enter Hong Kong. In May the Government denied entry to approximately 100 overseas Falun Gong practitioners coming to participate in demonstrations during PRC President Jiang Zemin's visit (see Section 2.c.). In November the Government denied entry to a handful of overseas antiglobalization activists planning to participate in protests at an international economic forum.

Chinese authorities do not permit a number of Hong Kong human rights activists and prodemocracy legislators to visit the mainland. Political and human rights activists assert that the restriction on travel to the mainland on those who disagree with the central government's policies has a potential dampening effect on political debate, particularly among those with business interests on the mainland.

The 1951 U.N. Convention Relating to the Status of Refugees and its 1967 Protocol does not extend to Hong Kong, and the SAR eliminated its first asylum policy (extended only to Vietnamese) in 1998. On a case-by-case basis, the Director of Immigration has discretion to grant refugee status or asylum in cases of exceptional humanitarian or compassionate need, but the Immigration Ordinance does not provide foreigners any right to have their asylum claim recognized. The general practice is to refer refugee and asylum claimants to a lawyer or to the office of the U.N. High Commissioner for Refugees (UNHCR). Those granted refugee status, as well as those awaiting UNHCR assessment of their status, receive a subsistence allowance from the UNHCR, but are not allowed to seek employment or enroll their children in local schools. The UNHCR works with potential host country representatives in Hong Kong to resettle those designated as refugees. Government policy is to repatriate all illegal immigrants, including those that arrive from the mainland, as promptly as possible. From January to October, a total of 7,140 illegal PRC immigrants were repatriated to the mainland. Human rights groups have complained of a few cases in which seekers of asylum or refugee status have been arrested for illegal immigration and incarcerated for periods of up to several months, but there were no reports of the forced return of persons to a country where they feared persecution.

In 2000 the Government terminated its Millport policy, under which Vietnamese asylum seekers intercepted in boats in Hong Kong waters were assisted in their voluntary departure from Hong Kong. In a move welcomed by human rights groups and the UNHCR, the Government in June 2000 approved for permanent resettlement approximately 1,400 Vietnamese refugees and migrants. With this action the Government closed the world's last remaining Vietnamese refugee camp (Pillar Point), and brought to an end the resettlement process that had handled more than 220,000 Vietnamese who had landed in Hong Kong since 1975. As of October approximately 4 percent of the 1,400 persons approved for resettlement continued to decline the Government's offer, and instead chose to retain their refugee status in order to continue to seek resettlement elsewhere. Since the closure of the Pillar Point camp, 462 Vietnamese illegal immigrants have been intercepted, with the rate of interceptions steadily dropping.

Section 3     Respect for Political Rights: The Right of Citizens to Change Their Government

Residents' right to change their government is limited by the Basic Law, which provides for the selection of the Chief Executive by an 800-person selection committee (which itself largely is appointed or indirectly elected), the direct election of less than half of Legislative Council members, and the inclusion of appointed members to the elected district councils. In addition while the approval of the Chief Executive, two-thirds of the legislature, and two-thirds of Hong Kong's National People's Congress delegates is required to place an amendment to the Basic Law originating in Hong Kong on the agenda of China's National People's Congress, it is the National People's Congress that has the power actually to amend the Basic Law. Procedures for amendment or interpretations that originate in the mainland are unclear.

The Government is executive-led, with a two-tiered legislative system consisting of the Legislative Council and 18 district councils, and is staffed by a professional and independent civil service. C.H. Tung is Chief Executive.

The Chief Executive was chosen prior to the handover by a 400-member selection committee, which in turn was chosen by a 150-member preparatory committee appointed by the Chinese Government. The Basic Law provides for elections for Chief Executive in 2002 and 2007 by a committee of 800 local residents. This committee is made up of the 60 members of the Legislative Council, the 36 Hong Kong delegates to the National People's Congress, 41 representatives of Hong Kong members of the Chinese People's Political Consultative Conference, 40 representatives from religious groups, and 623 persons elected by the same approximately 180,000 voters (some representing organizations; others voting as individuals) who choose the functional constituency representatives of the Legislative Council. The Basic Law permits amendment of the Chief Executive selection process after 2007 by a two-thirds majority of the Legislative Council, with the consent of the Chief Executive and the Standing Committee of the National People's Congress. The Basic Law states that "the ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures." To date, the Government has not initiated any steps to prepare for a change in the procedure for choosing the Chief Executive.

A provisional legislature, appointed by the same 400-member committee that appointed the Chief Executive, served from July 1, 1997, until June 30, 1998. Although the Provisional Legislature included 33 of 34 legislators from the 1995 Legislative Council who sought inclusion, the Democratic Party and several independents declined to seek seats in what they deemed an illegitimate body, which they claimed lacked a legal foundation and transparency, and excluded groups, parties, and individuals critical of China. The Provisional Legislature repealed several laws that had been enacted by the elected Legislative Council to enhance civil and political rights, including: Amendments to the Bill of Rights Ordinance; the Employee Right to Representation, Consultation, and Collective Bargaining Ordinance; the 1997 Employment (Amendment) Ordinance, and the 1997 Trade Unions (Amendment) Ordinance (see Section 6.a.). A lawsuit challenging the constitutionality of the Provisional Legislative Council was unsuccessful, and the repeals remain controversial, albeit without further legal challenge.

Elections for the first and second posthandover Legislative Councils were held in May 1998 and September 2000, respectively. The Legislative Council was elected in 2000 to a 4-year term. In the first election, 20 members were elected directly from geographic districts through universal suffrage, 30 from functional (occupational) constituencies, and 10 by a 400-member selection committee of local residents. In the second, 24 members were elected directly from geographic districts through universal suffrage, 30 from functional constituencies, and 6 by votes of the 800-person selection committee which is composed of representatives of professions, district councils and religious groups, local representatives to Chinese national political bodies and Legislative Councilors. Prodemocracy candidates won 17 of the 24 seats elected on a geographic basis (including 1 in a December 2000 by-election) and 22 seats overall.

In both the 1998 and 2000 elections, the functional constituencies were drawn more narrowly than the nine broad functional constituencies of the 1995 Legislative Council, as the total number of potential voters in functional constituencies was reduced from 1.15 million in 1995 to 180,000 in 1998. Human rights groups contend that the election of functional constituency representatives by so few persons is fundamentally undemocratic. There was general acceptance of the geographic electoral districts (which include 3 million registered voters) proposed in 1997 by the Electoral Affairs Commission. A bill calling for an accelerated time line for direct election of all Legislative Council seats was defeated in the Legislative Council in 1998. The Basic Law states that the "ultimate aim is the election of all the members of the Legislative Council by universal suffrage." In August, the U.N. Committee on Economic, Social and Cultural Rights noted that the "current arrangements for the election of the Legislative Council include some undemocratic features which impede the full enjoyment of economic, social and cultural rights" in Hong Kong.

In December 2000 the Court of Final Appeal ended a century-old practice of excluding nonindigenous villagers from participating in rural elections. The Court unanimously found that the practice violated both the Bill of Rights and the Sex Discrimination Ordinances. The Government is working with the affected parties to put together an alternative arrangement.

The ability of the legislature to influence policy is limited substantially by Basic Law provisions that require separate majorities among members elected from geographical and functional constituencies in order to pass a bill introduced by an individual member and that prohibit the Legislative Council from putting forward bills that affect public expenditure, political structure, or government operations. The Chief Executive's written consent is required before bills affecting government policy may be introduced. Additionally, the Government has adopted a very broad definition of "government policy" in order to block private member bills, and the President of the Legislative Council has upheld the Government's position. A motion proposed by a prodemocracy legislator to repeal restrictions on private members' bills was rejected in January 2000; however, the Legislative Council's degree of popular representation and outspokenness gives the Government cause to consider its views. In June 2000 when the Legislative Council passed a no-confidence motion against two senior housing officials, the more senior of the two resigned. In January 1999, the Government blocked a legislator's attempt to introduce two bills on collective bargaining and antiunion discrimination on the grounds that they would affect government spending and operations and therefore fell outside the scope allowed for private member bills under the Basic Law.

The November 1999 elections for Hong Kong's District Councils were free and fair; however, democratic legislators and human rights activists complained that the appointment of nearly one-quarter of District Councilors by the Chief Executive is an undemocratic procedure. According to the District Councils Ordinance, the District Councils are responsible for advising the government on matters affecting: (1) the well being of district residents; (2) the provision and use of public facilities; and (3) the use of public funds allocated for local public works and community activities.

An October 1999 motion in the Legislative Council calling for a referendum on the Government's proposal to abolish the Urban and Regional Councils, Hong Kong's mid-tier local government organs known collectively as the Municipal Councils, was defeated. In December 1999, the Legislative Council passed a controversial bill abolishing the Municipal Councils when their terms expired at the end of the year. The Councils had been the subject of widespread public criticism for their poor handling of the Avian Flu, the Red Tide, and other public health issues for which they were responsible. Legislators from the democratic parties and human rights activists protested the abolition of the councils, arguing that they were important to the development of party and democratic political leaders. The U.N. Human Rights Committee in November 1999 also expressed concern that the abolition of the municipal councils would "diminish the opportunity of Hong Kong residents to take part in the conduct of public affairs."

Hong Kong sends 36 delegates to China's National People's Congress (NPC). These 36 individuals are potentially an important group, since placing proposed amendments to the Basic Law on the agenda of the NPC requires the approval of two-thirds of Hong Kong's NPC delegates. Hong Kong's NPC delegates also are members of the selection committee that chose 10 of the Legislature's 60 members in 1998 and 6 of the legislators in 2000. Hong Kong's NPC delegates were selected to a 5-year term in December 1997 by an NPC-appointed committee of 424 residents. Politicians and human rights activists criticized the selection process as undemocratic and lacking transparency and noted that Central Government Liaison Office (formerly the New China News Agency) Director Jiang Enzhu, who is not a Hong Kong permanent resident, is one of Hong Kong's 36 delegates.

The percentage of women in government and politics does not correspond to their percentage of the population, although larger numbers are seeking public office than ever before. Women hold 11 of the 60 Legislative Council seats, and make up between 5 and 33 percent of membership in political parties. The President of the Legislative Council is a woman, as are the heads of several government departments. The Equal Opportunities Commission, itself headed by a woman, noted that women were a minority in Government advisory bodies. A report in May 2000 compiled by the Hong Kong Federation of Women stated that only between 16 to 22 percent of judges, Executive Council members, advisory board members or top civil servants are women. Minorities are also represented in senior civil service positions.

Section 4     Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A wide variety of domestic and international human rights groups operate without government restriction, investigating and publishing their findings on human rights cases (see Section 2.b.). These organizations have unrestricted and thriving contacts with the local community and with groups overseas. Government officials generally are receptive to, and respectful of, their views. Prominent human rights activists who focus on mainland China also operate freely and enjoy permanent resident status in Hong Kong.

Under the Basic Law, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights apply to Hong Kong, with certain restrictions. The Chinese Government transmits Hong Kong's reports under these covenants, without editing, to the U.N. The reports are prepared without interference from the Chinese Government, but local NGO's have complained that they were not consulted fully enough on the contents of the reports. The Government and several domestic NGO's have testified before several U.N. human rights committees, including UNCESCR in Geneva, Switzerland. The hearings, including concerns of the Committee, have received widespread and balanced press coverage. In April a U.N. Committee considered Hong Kong's report under the International Covenant on Economic, Social and Cultural Rights. As part of a PRC delegation, the Government attended a July 31-August 1 Geneva hearing under the Convention on Elimination of All Forms of Racial Discrimination. Both hearings produced written concluding observations by the committees and written responses by the Government. The documents are freely and publicly available. Prior to the April hearing, the Government created a stir among human rights groups when a senior official wrote that U.N. committees' recommendations were not binding in international law. In August, the UNCESCR expressed regret that Hong Kong courts likewise viewed the International Covenant on Economic, Social and Cultural Rights (ICESCR) as "promotional" or "aspirational." In October 2000 Hong Kong's report under the International Convention on the Elimination of All Forms of Racial Discrimination was included in China's submission to the U.N. In May 2000 the Government sent representatives to attend, as part of China's delegation, hearings held by the U.N. Committee against Torture in Geneva on China's periodic report (which included a Hong Kong submission).

The Ombudsman Ordinance established the Office of the Ombudsman, which has wide powers to investigate and report on grievances from members of the public as a result of administrative actions of the executive branch and other designated public bodies. However, the credibility of the Ombudsman's independence is undermined by the fact that most of its staff is seconded from the Government, putting them in the position of investigating their former and future bosses. A proposal for the office to become independent of the Government in 2002 reportedly has received official approval. Another limitation is that the Ombudsman does not have oversight authority over the police, the Independent Commission Against Corruption, the Equal Opportunities Commission, or the Office of the Privacy Commissioner for Personal Data. The Ombudsman may investigate complaints of noncompliance with the code on access to information by government departments, including the police and the Independent Commission Against Corruption. With regard to election-related complaints, the Ombudsman only is empowered to investigate complaints made against the Registration and Electoral Office, not those made against the Electoral Affairs Commission. Thus, the Ombudsman's human rights role regarding liberty of persons, freedom from arbitrary and unlawful arrest and detention, equality, and related matters is limited considerably.

The Ombudsman may publish investigation reports in which the identity of the complainant has been disguised. In addition to responding to public complaints, the Ombudsman may initiate investigations on his own. The Ombudsman may report to the Chief Executive if he believes that his recommendations to the organizations under his jurisdiction have not been acted upon or if there are serious violations; the Chief Executive is bound by law to present such reports to the legislature.

Human rights groups have complained that Hong Kong does not have a human rights commission. In August, the Committees on Human Rights and on Economic, Social and Cultural Rights (UNCESCR) again expressed particular concern that Hong Kong had failed to establish a broadly-mandated human rights institution.

Section 5     Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status

The Basic Law provides that all Hong Kong residents are equal before the law. The Bill of Rights Ordinance, which provides for the incorporation into law of the International Covenant on Civil and Political Rights as applied to Hong Kong, entitles residents to the civil and political rights recognized therein "without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status." However, the ordinance binds only the Government, public authorities and persons acting on their behalf; that is, not private persons or entities. Three pieces of antidiscrimination legislation--the Sex Discrimination Ordinance, the Disability Discrimination Ordinance, and the Family Status Discrimination Ordinance--have made it illegal for any person or entity (public or private) to discriminate against anyone on the grounds of sex, marital status, pregnancy, disability, or family status, and prohibits behavior such as sexual harassment, harassment or vilification on the grounds of disability, and discriminatory advertising. An Equal Opportunities Commission has been established to work toward the elimination of discrimination and to promote equality of opportunity with specific reference to gender, disability, and family status.

Human rights groups continued to call for laws specifically targeting, among other problems, public or private discrimination based on race and age. In May the UNCESCR concluded that Hong Kong's failure to prohibit race discrimination in the private sector constituted a breach of its obligations under the ICESCR. The Committee also urged Hong Kong to prohibit discrimination on the basis of sexual orientation and age. In August the U.N. Committee on the Elimination of Racial Discrimination recommended that "appropriate legislation be adopted to provide appropriate legal remedies and prohibit discrimination based on race, color, descent or national or ethnic origin." Meanwhile, press reports continued to identify examples of strong societal prejudice against minority groups including mainland Chinese migrants. The Equal Opportunities Commission continued to maintain that the elderly were discriminated against in the allocation of public housing, but noted that it was powerless to help, because there was no legislation prohibiting age discrimination.

Human rights activists generally considered the Government's Equal Opportunity Commission (EOC) an ally in the fight against discrimination. Past criticism of the organization for passivity and for emphasizing conciliation instead of acting as a watchdog or pursuing court cases disappeared as the Commission has become increasingly activist in its approach. Overall complaints to the Equal Opportunities Commission during the year rose 23 percent over 2000. During the year, the Equal Opportunities Commission received 1,181 complaints of sex discrimination, 807 of which involved the allocation of student placements in secondary schools. There were also 142 complaints of pregnancy discrimination, 99 of sexual harassment and 17 of marital status discrimination. By year's end, nine cases had been brought to court under the Sex Discrimination Ordinance, four of which had been pending resolution, and another three cases were settled out of court. During the year, 429 complaints were filed under the Disability Discrimination Ordinance; 3 of these cases went to court, 1 of which was pending resolution. During the year, 41 complaints were received under the Family Status Discrimination Ordinance, which protects persons whose marital status changes, who have children, or who are responsible for caring for another family member, such as a child or elderly person; one of the complaints had gone to court and was pending at year's end.

The Government's "Code of Practice for Employers," designed to prevent discrimination, states that race, among other factors, should not be considered when hiring employees. However, it accepts that special circumstances exist, such as when the employee works or lives in the employer's home. The Government has undertaken a public education and awareness campaign to combat race discrimination with only limited effect.

Women

Violence against women remains a problem, particularly among new immigrants from the mainland. The only law that specifically protects victims of domestic violence is the Domestic Violence Ordinance, which allows a woman to seek a 3-month injunction against her husband (extendable to 6 months). Domestic violence also may be prosecuted as common assault. The Government enforces the law and prosecutes violators, but sentences generally are lenient. In 2000 486 cases of domestic violence were reported to the police, while in the first 6 months of the year, 239 cases were reported. Cases of domestic violence reported to the Social Welfare Department from April 2000 to March increased 40 percent over the previous 12 months to 2,370 cases. Women tend not to seek help when subject to violence; cultural factors and inadequate information about available assistance and resources result in many cases of spousal abuse going unreported. In 2000 the Government established an interdepartmental Working Group on Sexual Violence to ensure coordination of efforts among various departments and authorities in handling the problem of sexual violence. In January the Government established a Women's Commission to address women's concerns in a comprehensive and systematic manner. The Government also funds programs such as family life education counseling, a hot line service, temporary housing, legal aid, and child protective services; it also has initiated public education and media programs to promote public awareness and encourage early seeking of professional assistance.

The Hong Kong Federation of Women's Centres asked the Government to prepare a comprehensive services plan especially for women from the mainland, with counseling and job-training to help them integrate. The Society for Community Organisation estimated that tens of thousands of women, largely single women and widows from the mainland, regularly are subjected to the threat of violence, abuse, robbery, and sexual harassment by persons they live with. In November 2000, some 200 women, including sex workers, domestic helpers, and members of 12 women's groups, held an antiviolence-against-women rally, demanding greater government protection for women, more assistance to victims, and a special court to handle such cases in a bid to preserve a woman's dignity.

The general incidence of rape is low. There were 90 cases of rape reported to the police in 1998, 91 in 1999, 104 in 2000 and 54 in the first half of the year. However, underreporting is considered a serious problem. Amendments to the Evidence Ordinance and to the Crimes Ordinance abolished the requirement of corroboration of evidence of sexual offense. Proposed amendments to the Crimes Ordinance introduced to the Legislative Council (LegCo) in July and ending at year's end expressly would clarify that marital rape is a crime. Indecent assault cases reported to the police totaled 1,124 in 2000 and 534 in the first 6 months of the year.

Prostitution is not illegal. However, there are laws against activities such as causing or procuring another to be a prostitute, living on the prostitution of others, and keeping a vice establishment. Some women working in the sex industry have been trafficked to Hong Kong (see Section 6.f.).

Sexual harassment is a problem. EOC statistics reported 99 sexual harassment complaints during the year. Many women tend not to seek help when subjected to sexual harassment, and it is underreported. In 2000 Government and NGO surveys and statistics from a counseling hot line suggested that sexual harassment cases in fact totaled anywhere from 21/2 to 10 times more than the number reported.

Women face discrimination in employment, salary, welfare, inheritance, and promotion (see Section 6.e.). In May the UNCESCR urged the Hong Kong Government to enact legislation on equal pay for work of equal value. The EOC's task force on Equal Pay for Work of Equal Value announced in September its plan to commission a two-month study of government and Hospital Authority jobs to determine whether men and women are paid the same for performing similar tasks. The press carries occasional stories of women alleging discrimination in the workplace in connection with pregnancies. Official unemployment figures for the period from August through October were 6.3 percent for men and 4.1 percent for women. However, human rights organizations and unions assert that the statistics inaccurately record many unemployed women as housewives and that, in fact, the unemployment rate for women is actually higher than the unemployment rate for men.

Women are entering professional fields, including law and medicine, in greater numbers. In 2000, for the first time, more women than men entered the legal profession as solicitors (204 to 159) and medical school (170 to 165). Nonetheless, in the medical profession there are few women in prestigious specialties such as surgery, and female judicial officers and judges make up only 19.2 percent of the judiciary. Women hold 11 of the legislature's 60 seats. Women are disproportionately represented in the lower echelons of the work force, holding positions such as retail sales assistants and office clerks. In 2000 the Home Affairs Department organized the Working Group of Web-Enabling Women to help less educated women enter the digital workforce. As a result of revisions to inheritance statutes, the law treats men and women equally in inheritance matters, although women still face discrimination based on traditional practices (such as in the inheritance of small homes in rural areas of the New Territories). Alimony is another problem, with one 2000 survey indicating that 80 percent of divorced women fail to receive money regularly from their former husbands.

As a result of the 2000 EOC request for judicial review of the Education Department's allocation scheme for secondary school places (and in line with 1999 EOC and U.N. Human Rights Committee conclusions), the High Court ruled in June that the 23-year-old practice of separate ranking of boys and girls for secondary school admission purposes was discriminatory. To address the immediate problem of allocating school places in the fall, the Education Department established an interim appeal mechanism to review individual cases of alleged discrimination and agreed to come up with a new system by the end of the year. Hundreds of students, male and female, used the interim mechanism--many successfully--to appeal their school placement.

In January the Government established a Women's Commission to promote and protect the interests and well being of women. The Commission declared its intention to focus on provision of health services, childcare support, protecting women against violence, promotion of a women-friendly working environment and legal issues relating to women and the family. In May the UNCECSR expressed concern that the Commission might not have sufficient resources and powers to pursue its mission.

Children

The Government is committed firmly to children's rights and welfare through well-funded systems of public education, medical care, and protective services. The Education Department is committed to providing schooling for children between 6 and 15 years of age and provides placement services for non-Chinese speaking children. Education is free and compulsory through grade nine. The Government supports programs for custody, protection, day care, foster care, shelters, small group homes, and assistance to families.

Quality medical care is available to all children who are residents and is subsidized heavily.

In response to a recommendation by the Law Reform Commission, the government in November raised the age of criminal responsibility for children from 7 to 10 years. In 2000 there were 80 youths under the age of 16 who were incarcerated: 29 in prison, 19 in training centers, 27 in detention centers, and 5 in drug addiction treatment centers. One youth died in April 2000 during an attempted escape from a detention center.

Child abuse and exploitation are not widespread, but statistics indicate that they are increasing. There are no specific laws dealing with child pornography, but child pornography is covered under other antipornography laws. A proposed bill on Prevention of Child Pornography that the Government plans to introduce before the Legislative Council in 2002 would criminalize the making, production, distribution, publication, advertising, and possession of child pornography and prohibit the procurement of children for making pornography, extend the application of certain sexual offense provisions to acts committed against children outside of Hong Kong, and prohibit any arrangement or advertising relating to commission of those acts.

In the first 6 months of the year, child abuse cases newly registered with the Social Welfare Department totaled 295, a 16 percent increase over the same period in 2000: 57 percent involved physical abuse, 27 percent sexual abuse, and the rest were classified as gross negligence, multiple abuse or psychological abuse. Since April the Government has provided parent education programs to all 50 of the Department of Health's Maternal and Child Health Centers. The police have a child abuse investigation unit to improve the treatment of victims, and laws have been passed to make it easier for child victims to testify in court using an interviewing suite for recording statements. Legal penalties for mistreatment or neglect of minors also were increased substantially. A witness support program was launched that helps child witnesses in need. A child witness information kit in Chinese, with books explaining legal and court proceedings, also has been published to help reduce children's anxiety about testifying. A Child Care Center Law prevents unsuitable persons from providing child care services and facilitates the formation of mutual help child care groups.

Persons with Disabilities

Discrimination against the physically and mentally disabled persists in employment, education, and the provision of some public services. The Disability Nondiscrimination Law called for improved building access and sanctions against those who discriminate. The Buildings Ordinance as amended updated design requirements. However, despite inspections and occasional closure of noncompliant businesses, access to public buildings (including public schools) and transportation remains a serious problem for persons with disabilities. Advocates for persons with disabilities complained that limited access for persons with disabilities at polling stations made voting difficult because of accessibility problems. The Government has an integrated work extension program in sheltered workshops and expanded vocational assessment and training. No comprehensive statistics are available on the number of persons with disabilities in the work force, but a consortium of organizations representing persons with disabilities reported that about 700,000 residents are disabled, and about half are able to work. Government estimates based on household surveys indicated that in 2000 there were approximately 344,500 persons with disabilities in Hong Kong, including 270,000 with restricted body movement or difficulties with seeing, hearing or speech, and 74,500 with mental illness or autism. At year's end, there were 5,156 persons with disabilities employed as civil servants in a total civil service work force of 180,968--approximately 2.85 percent of all civil servants. During the first 10 months of the year, the Labor Department's Selective Placement Division found jobs for 2,098 of 3,600 disabled job seekers. Approximately 10,000 students in a school population of 960,000, about 1 percent, are disabled. Of these, 1,700 are in mainstream schools where they receive special education services, 244 of which were distributed among 40 schools employing the "whole-school" approach to integrated education.

In 1999 the Government formed the Guardianship Board under the Mental Health Ordinance to protect the interests of persons with mental disabilities or disorders, including dementia. In May the UNCESCR recommended that the Government undertake a comprehensive review of mental health policy and adopt effective measures to ensure that persons with mental illness enjoy the right to adequate and affordable health care. The Committee also noted its concern over the Government's "apparent lack of initiative" to undertake public education to combat discrimination against those with mental disabilities.

National/Racial/Ethnic Minorities

The Government continued to resist recommendations by human rights groups, various U.N. human rights committees, legislators, and others that it enact specific antirace discrimination legislation that would bind the private sector. In August, the U.N. Committee on the Elimination of Racial Discrimination expressed its concern about "the continuous absence of legal provisions protecting persons from racial discrimination to which they may be subjected by private persons, groups or organizations." The Committee rejected the Government's argument that such laws should not be initiated just because they might not be supported by society as a whole. In the face of growing criticism, the Government began to gauge public opinion on the need for antiracism legislation, but maintained its stance that better education on the subject, not new legislation, was the solution. A government "Code of Practice for Employers" designed to prevent discrimination states that race should not be considered when hiring employees. Minorities, who make up approximately 5 percent of the population, are well represented in the civil service and many professions. However, there are regular allegations of racial discrimination in such areas as private sector employment, admission to public restaurants, placement in public schools, treatment in public hospitals, apartment rentals, and acceptance to institutions of higher education. Foreign domestic workers, most of whom are from the Philippines and Indonesia, are particularly vulnerable to discrimination. An Indonesian Migrant Workers Union was established in 2000 to unite Indonesian domestic helpers throughout Asia and to protect members from abuse and exploitation. It serves the approximately 67,000 Indonesian domestic helpers who work in the SAR. Similar organizations work for the interests of Philippine domestic helpers, of whom there are approximately 155,000. According to organizations representing migrant workers, police intimidation of migrant workers also is a problem.

Section 6     Worker Rights

a. The Right of Association

The law provides for the right of association and the right of workers to establish and join organizations of their own choosing. Trade unions must be registered under the Trade Unions Ordinance. The basic precondition for registration is a minimum of seven persons who serve in the same occupation. The Government does not discourage or impede the formation of unions. In 2000, 18 unions (comprising 17 employee unions and one mixed organization of employees and employers) were registered under the Trade Unions Ordinance. Through the first 10 months of the year, 14 new unions (all employee unions) were registered. As of the end of October, the total number of registered trade unions was 649 (605 employee, 25 employer, and 19 mixed). Over 22 percent of the approximately 3.3 million salaried employees and wage earners belong to a labor organization. Trade unions are independent of political parties and the Government.

Work stoppages and strikes are permitted. However, there are some restrictions on this right for civil servants. During the year there was one strike, which resulted in 780 lost workdays. There were 5 strikes during 2000, which resulted in 934 lost workdays; in 1999 there were 3 strikes. Although there is no legislative prohibition of strikes, in practice, most workers must sign employment contracts that typically state that walking off the job is a breach of contract which can lead to summary dismissal.

The Employment Ordinance includes provisions that protect against antiunion discrimination. Violation of the antiunion discrimination provisions is a criminal offense with a maximum fine of $12,800 (HK$100,000). Employees who allege such discrimination have the right to have their cases heard by the Labor Relations Tribunal. The Tribunal may order reinstatement of the employee, subject to mutual consent of the employer and employee. If no such order is made, the Tribunal may award statutory entitlements (severance pay, etc.) and compensation. The maximum amount of compensation is $20,000 (HK$156,000). However, labor activists complain that complainants are discouraged by the Labor Relations Tribunal's tendency to push conciliation rather than issue orders. In 2000 the Labor Relations Division of the Labor Department handled 6 complaints of antiunion discrimination. During the first 10 months of the year, there were 5 such complaints. Owing to insufficient evidence or unwillingness of employees to act as prosecution witnesses, no prosecution action has been taken against the employers concerned.

The Basic Law commits the SAR to 40 International Labor Organization (ILO) conventions, and the Government has amended labor legislation and taken administrative measures to comply (see Section 6.b.).

The Employment and Labor Relations (Miscellaneous Amendments) Ordinance permits the cross-industry affiliation of labor union federations and confederations and allows free association with overseas trade unions (although notification of the Labor Department within 1 month of affiliation is required).

b. The Right to Organize and Bargain Collectively

In June 1997, the prehandover Legislative Council passed three laws that greatly expanded the collective bargaining powers of workers, protected them from summary dismissal for union activity, and permitted union activity on company premises and time. The new ordinances would have enabled full implementation of ILO Conventions 87, 98, and 154. However, in October 1997, after consultation with the Labor Advisory Board, the Provisional Legislature repealed the Employee's Right to Representation, Consultation, and Collective Bargaining Ordinance and the Employment (Amendment) Ordinance, and amended the Trade Union (Amendment) Ordinance. The repeals removed the new legislation's statutory protection against summary dismissal for union activity; the Government argued that existing law already offered adequate protection against unfair dismissal arising from antiunion discrimination. In August, the U.N. Committee on Economic, Social and Cultural Rights expressed concern over the absence of protection against unfair dismissal.

The Employment and Labor Relations (Miscellaneous Amendments) Ordinance removed the legal stipulation of trade unions' right to engage employers in collective bargaining; bans the use of union funds for political purposes; requires the Chief Executive's approval before unions can contribute funds to any trade union outside of the SAR; and restricts the appointment of persons from outside the enterprise or sector to union executive committees. Because of this law, the Hong Kong Confederation of Trade Unions promptly filed a complaint against the Hong Kong Government for violation of ILO Conventions 87, 98, and 154. In November 1999, the ILO Committee on Freedom of Association concluded that the Employment and Labor Relations (Miscellaneous Amendments) Ordinance breached conventions 87 and 98 and recommended that the Government take legislative action to remedy the situation. The Government provided the ILO progress reports in May 1999 and January 2000 asserting that it was in compliance with all of the 40 ILO conventions that apply to Hong Kong. In January 1999, the Government blocked a legislator's attempt to introduce two bills on collective bargaining and antiunion discrimination on the grounds that they would affect government spending and operations and therefore fell outside the scope allowed for private member bills under the Basic Law. With the repeal of the short-lived collective bargaining legislation, the prehandover framework continued. There were no laws that stipulated collective bargaining on a mandatory basis. Wage rates in a few trades like tailoring and carpentry were determined collectively in accordance with established trade practices and customs rather than as a statutory mechanism. Collective bargaining is not practiced widely. Unions generally are not powerful enough to force management to engage in collective bargaining. The Government does not encourage it, since the Government itself does not engage in collective bargaining with civil servants' unions but merely "consults" with them.

The Labor Relations Division of the Department of Labor offers free, nonbinding conciliation services to employers and employees involved in disputes that may involve statutory benefits and protection in employment as well as arrears of wages, wages instead of notice, or severance pay. The Department of Labor takes a positive attitude towards the participation of trade unions in such dispute negotiations. In the first 10 months of the year, the Division handled 26,238 claims, 64 percent of which were handled through conciliation. These figures are roughly consistent with prior years. Depending on the size of the claim, the remaining cases were referred to the Labour Tribunal or the Minor Employment Claims Adjudication Board.

There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor; however, trafficking in persons for the purpose of prostitution reportedly occurs. There were credible reports that local, foreign, and mainland Chinese sex workers sometimes worked for organized criminals in exchange for protection or other assistance under conditions resembling indentured servitude (see Section 6.f.).

The law does not specifically prohibit forced or bonded labor by children; however, there were no reports that such practices occur.

Status of Child Labor Practices and Minimum Age for Employment

The Employment of Children Regulations prohibit employment of children under the age of 15 in any industrial establishment. Children 13 and 14 years of age may be employed in certain nonindustrial establishments, subject to conditions aimed at ensuring a minimum of 9 years' education and protecting their safety, health, and welfare. To enforce compliance with the regulations, the Labor Department conducts regular workplace inspections. In the first 10 months of the year, the Labor Department conducted 137,274 inspections, during which 6 violations of the Employment of Children Regulations were discovered. The Department issued three summonses, all of which resulted in convictions and fines. In 2000 the Labor Department conducted 161,454 inspections, during which 8 violations were discovered and 5 summonses issued, 3 of which resulted in convictions and fines. Work hours for young persons 15 to 17 years of age in the manufacturing sector remain limited to 8 hours per day and 48 hours per week between 6 a.m. and 11 p.m. Overtime is prohibited for all persons under the age of 18 in industrial establishments. Employment in dangerous trades is prohibited for youths, except for 16- and 17-year-old males.

While the law does not specifically prohibit forced or bonded labor by children, such practices are not known to occur (see Section 6.c.). ILO Convention 182 on the worst forms of child labor does not apply to Hong Kong.

e. Acceptable Conditions of Work

There is no statutory minimum wage except for foreign domestic workers. Aside from a small number of trades where a uniform wage structure exists, wage levels customarily are fixed by individual agreement between employer and employee and are determined by supply and demand. Some employers provide workers with various kinds of allowances, free medical treatment, and free subsidized transport. The average wage generally provides a decent standard of living for a worker and family. Two-income households are the norm. In August the U.N. Committee on Economic, Social and Cultural Rights expressed concern over the lack of adequate regulation on statutory minimum wage, working hours, paid weekly rest, rest breaks and compulsory overtime.

The Factory Inspectorate Division has been restructured to strengthen its safety and health promotion and enforcement program. The division--part of a new occupational safety and health branch of the Labor Department--consists of four units: an operations division covering field services such as safety and health advice; a support services division responsible for technical support services; a planning and training division; and a legal services division charged with processing and conducting prosecutions.

The Factories and Industrial Undertakings Ordinance and its 27 sets of subsidiary regulations regulate safety and health conditions. In the first 9 months of the year, the Labor Department conducted 95,386 inspections of industrial and nonindustrial workplaces and issued 2,135 summonses (1,701 of which resulted in convictions with a total of $2.8 million (HK$22 million) in fines). In 2000 the Labor Department conducted 131,455 inspections and issued 3,719 summonses (3,455 of which resulted in convictions with a total of $5.8 million (HK$45.5 million) in fines). Worker safety and health has improved over the years, due in part to the transfer of many manufacturing jobs to factories in mainland China, but serious problems remain, particularly in the construction industry. In the first half of the year, there were 26,288 occupational accidents, of which 14,244 were classified as industrial accidents. Of the industrial accidents, 11 involved fatalities. In 2000 there were 58,092 occupational accidents, of which 33,652 were classified as industrial accidents, 43 of which involved fatalities. Employers are required under the Employee's Compensation Ordinance to report any injuries sustained by their employees in work-related accidents. There is no specific legal provision allowing workers to remove themselves from dangerous work situations without jeopardy to continued employment.

The minimum wage for foreign domestic workers is approximately $470 (HK$3,670) per month. The law requires employers to provide foreign domestic workers with housing, worker's compensation insurance, travel allowances, and food or a food allowance in addition to the minimum wage, which together provide a decent standard of living. However, foreign domestic workers are subject to deportation if they are dismissed. They are thus less likely to raise formal complaints, and there have been credible reports of their illegally being forced to accept less than the minimum wage and unacceptable living conditions. There also have been a number of cases of foreign domestic workers successfully taking their employers to court for mistreatment. The standard workweek is 48 hours, but many domestic workers work far longer hours.

f. Trafficking in Persons

There is no specific law prohibiting trafficking in persons; however, there are various laws and ordinances that allow law enforcement authorities to take action against traffickers. Trafficking in persons is a problem and Hong Kong is both a transit and a destination point for trafficked persons.

Hong Kong is a transit point for some persons trafficked from China and other nations to third countries, despite active efforts by the Government to stop such trafficking. Through October, authorities caught 2,556 persons with forged travel documents, as compared to 3,250 persons caught in all of 2000. The most common method used to attempt to traffic persons through Hong Kong employs forged or illegally obtained travel documents to move through the airport. On a much smaller scale, traffickers have attempted to smuggle persons in shipping containers. In September the Government uncovered a traffficking ring, and arrested 11 Hong Kong residents involved in a forgery operation that produced fraudulent passports. In late 2000, law enforcement authorities discovered a container on a ship bound for the United States that housed 12 mainland Chinese attempting illegal passage. The eight Hong Kong men arrested for setting up a local "shell company" to facilitate the operations were convicted and sentenced to jail terms ranging from 2 to 61/2 years.

A preliminary study released in February by a university researcher suggested that Hong Kong is a destination for women trafficked for the purpose of prostitution. According to the study, some of the women did not know before coming to Hong Kong that they would be pressured into serving as "escorts" for male customers of the bars where they were given jobs. Large numbers of mainland Chinese women also illegally engage in prostitution with the reported assistance of organized criminal groups. There were reports as well that criminal elements brought in small numbers of women from the former Soviet Union, Eastern Europe, and Colombia for the purpose of engaging in illegal prostitution.

The authorities seek to combat illegal prostitution by nonresidents through strict immigration controls and by arresting and prosecuting illegal prostitutes and their employers. In the first 9 months of the year, 982 nonresident women prostitutes and a much smaller number of their employers were arrested. Trafficking victims usually are deported, rather than formally charged.

Persons also are trafficked to the SAR for labor purposes, including domestic labor. Some foreign domestic workers, particularly from Indonesia, have been recruited abroad and brought to Hong Kong only to be placed in coercive working and living conditions. Organized criminal groups generally are behind the illicit activity and seek to profit from it through forced labor, debt bonded labor, or prostitution.

To combat fraudulent marriages that can be used to disguise trafficking in persons, immigration officials closely scrutinize applications for the entry of foreigners to take up residence with local spouses. In cases where the claimed relationship as husband and wife does not satisfy the immigration officer, applications are rejected. For example, Government figures from 2000 report that, of the 316 applications for Vietnamese women to join husbands in Hong Kong, 40 were rejected and another 28 applicants withdrew their applications.

Provisions in the Immigration Ordinance, the Crimes Ordinance, and other relevant laws enable law enforcement authorities to take action against trafficking in persons. The courts can impose heavy fines and prison sentences for up to 14 years for such activities as arranging passage of unauthorized entrants into Hong Kong, assisting unauthorized entrants to remain in Hong Kong, using or possessing a forged, false or unlawfully obtained travel document, and aiding and abetting any person to use such a document. The Security Bureau has policy responsibility for combating migrant trafficking and oversees the police, customs, and immigration departments, which are responsible for enforcing antitrafficking laws.

Legal aid is available to those who choose to pursue legal proceedings against an employer and immunity from prosecution is often made available to those who assist in the investigation and prosecution of traffickers. The Government does not provide funding to foreign or domestic NGO's for services to victims.