Hong Kong, with a population of approximately seven million, is a Special Administrative Region (SAR) of the People's Republic of China (PRC). The 1984 Sino-British Joint Declaration on the Question of Hong Kong and the SAR's constitution, the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (hereafter referred to as the Basic Law), specify that Hong Kong will enjoy a high degree of autonomy except in matters of defense and foreign affairs. In June 2005 following the resignation of former Chief Executive Tung Chee-hwa, Donald Tsang, the acting chief executive, was elected unopposed as chief executive. Legislative Council (Legco) members were elected in 2004 to four-year terms. Although the elections were generally considered free and fair, in the months leading up to the elections there were allegations of intimidation of voters and political commentators. The civilian authorities generally maintained effective control of the security forces.

The government generally respected the human rights of its citizens, although core issues remain.

Residents were limited in their ability to change their government, and the legislature was limited in its power to affect government policies. Self-censorship remained a problem, as did violence and discrimination against women. Workers were also restricted from organizing and bargaining collectively.

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 that the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of politically motivated disappearances.

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

The Basic Law and Hong Kong Bill of Rights prohibits torture and other abuse by the police, and the government generally observed the prohibition in practice. From January to June, there were 303 allegations of assault by police officers on persons in or not in custody; however, none alleged torture or were substantiated by the Complaints Against Police Office (CAPO) (see section 1.d.). In August an asylum seeker from Sri Lanka lodged a complaint with CAPO that he was assaulted by police when being pushed into a police car after being apprehended for overstaying in Hong Kong. As of year's end, the complaint was still being investigated.

Prison and Detention Center Conditions

Prison conditions generally met international standards, and although the government permitted visits by independent human rights observers, there were no requests during the year. Media visit requests were permitted, and local justices of the peace regularly conducted unannounced prison inspections. Prison overcrowding continued to be a problem, although the construction of a new immigration detention center in Tuen Mun in 2005 eliminated the need to put immigration offenders in prison with convicted criminals. For the first six months of the year, the average prison occupancy rate for the 24 prisons was 104 percent. Overcrowding was most serious in maximum security prisons, which operated at an average occupancy rate of 119 percent.

d. Arbitrary Arrest or Detention

Common law, legal precedent, and the Basic Law provide substantial and effective legal protection against arbitrary arrest or detention, and the government generally observed these provisions in practice.

Role of the Police and Security Apparatus

The police force is led by a uniformed police commissioner who reports to the secretary for security--a member of the chief executive's cabinet. The force had approximately 28,700 officers and was divided into five departments with both headquarters and regional formations. Corruption and impunity were not significant problems within the force. Police officers are subject to disciplinary review by CAPO and the civilian Independent Police Complaints Council (IPCC) in cases of alleged misconduct.

Disciplinary action can range from warnings to dismissal. Criminal proceedings may be undertaken independently of the disciplinary process under Section 3 of the Crimes (Torture) Ordinance, punishable by life imprisonment. CAPO investigates allegations of excessive use of force, and IPCC monitors and reviews their work.

Arrest and Detention

Suspects were apprehended openly with warrants based on sufficient evidence and issued by a duly authorized official. Suspects must also be charged within 48 hours or released, and the government respected this right in practice. There is a functioning bail system, and detainees are allowed prompt access to a lawyer and family members. Incommunicado detention was not a problem. The law provides accused persons with the right to a prompt judicial determination. During the year the average length of preconviction incarceration was 63 days.

e. Denial of Fair Public Trial

The Basic Law provides for an independent judiciary, and the government generally respected judicial independence in practice. The judiciary, underpinned by the Basic Law's provision that the common law tradition be maintained, provided citizens with a fair and efficient judicial process. Under the Basic Law, the courts may interpret those provisions of the Basic Law that address matters within the limits of the SAR's autonomy. The courts also interpret provisions of the Basic Law that touch on PRC central government responsibilities or on the relationship between the central authorities and the SAR. However, before making final judgments on these matters, which are not subject to appeal, the courts must seek an interpretation of the relevant provisions from the standing committee of the National People's Congress (NPC).

The Basic Law requires the courts to follow the standing committee's interpretation of Basic Law provisions, although judgments previously rendered are not affected. As the final interpreter of the Basic Law, the standing committee of the NPC also has the power to self-initiate interpretations of the Basic Law, as it did in April 2004 when it ruled out universal suffrage in Hong Kong's 2007 and 2008 elections (see section 3). The NPC's mechanism for interpretation is its Committee for the Basic Law, composed of six mainland and six Hong Kong members. The chief executive, the president of the Legco, and the chief justice nominate the Hong Kong members. Human rights and lawyers' organizations have expressed concern that this process, which circumvents the Court of Final Appeal's power of final adjudication, could be used to limit the independence of the judiciary or could degrade the courts' authority. In 2005 critics argued that the Basic Law and the resulting interpretation from the NPC standing committee on the question of Chief Executive Tung Chee-hwa's successor's term of office was an attempt to circumvent the judicial process. In response to the request, the NPC standing committee ruled in April that Tung's successor should serve out only the remaining two years of Tung's term rather than a full five-year term. Critics argued that the request, and the resulting NPC interpretation, sought to circumvent the judicial process. The government argued that the need to resolve the issue quickly left insufficient time for a lengthy judicial review.

The Court of Final Appeal is the SAR'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. The Basic Law provides that, with the exception of both the chief justice and the chief judge of the high court, who are prohibited from residing outside Hong Kong, foreigners may serve on the courts. During the year approximately 18 percent of all judges and judicial officers were expatriates, with 15 of 16 Court of Final Appeal judges being expatriates. Judges have security of tenure until retirement.

Under 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 courts, which have 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

Trial Procedures

The Basic Law provides for the right to a fair public trial, and an independent judiciary generally enforced this right in practice. Trials are by jury except at the magistrate court level. The judiciary provides citizens with a fair and efficient judicial process. An attorney is provided at the public's expense if defendants cannot afford counsel. Defendants can confront and question witnesses testifying against them and present witnesses to testify on their behalf. Defendants and their attorneys have access to government-held evidence relevant to their cases. Defendants have the right of appeal.

Defendants generally enjoy a presumption of innocence. However, under 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 commensurate with his official income, or controls 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 ordinance in practice.

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 were heard in English. In recent years the government has developed a bilingual legal system. It has increased the number of officers in the legal aid department proficient in spoken Cantonese and written Chinese, and extended the use of bilingual prosecution documents and indictments. All laws are bilingual, with English and Chinese texts being equally authentic. All courts and tribunals may operate in either Cantonese or English. Judges, witnesses, the parties themselves, and legal representatives may each decide which language to use at any point in the proceedings.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

There is an independent and impartial judiciary for civil matters, and there were no problems enforcing domestic court orders (see section 2.b.).

Property Restitution

The government enforced court orders with respect to restitution or compensation for taking private property under domestic law.

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


The Basic Law prohibits arbitrary interference with privacy, family, home, and correspondence, and the government generally respected these prohibitions in practice.

In February the high court ruled that a 2005 executive order authorizing covert surveillance activities by law enforcement agencies had no legal effect and a decades-old wiretapping law violated the Basic Law. This decision followed a series of court rulings in 2005 where government evidence collected through covert surveillance was barred from criminal trials because the courts said it was collected without legal authorization. In August Legco passed a new law regulating the use of covert surveillance and the interception of telecommunications and postal communications. The law establishes a two-tiered system for granting approval for surveillance activities, under which surveillance of a more intrusive nature requires the approval of a judge and surveillance of a less intrusive nature requires only the approval of a senior law enforcement official. Authorization to conduct covert surveillance can only be granted to prevent or detect "serious crime" or protect "public security." Applications to intercept telecommunications must involve crimes with a penalty of at least seven years imprisonment, while applications for covert surveillance must involve crimes with a penalty of at least three years imprisonment or a fine of at least $128,000 (HK$1 million). Some lawmakers and civil rights activists criticized the legislation for granting too much power to the police. The chief executive dismissed the criticism, saying the law was fairer and more protective of privacy than similar laws in the world's most open democracies. The government did not reveal the number of authorizations granted to conduct such activities. After taking office in August, Justice Woo Kwok- hing, the commissioner on interception of communications and surveillance, received multiple complaints citing unlawful surveillance activities. Justice Woo publicly vowed to investigate each complaint.

The Office of the Privacy Commissioner for Personal Data, established under the Personal Data (Privacy) Ordinance (PDPO), works to prevent the misuse, disclosure, or matching of personal data without the consent of the subject individual or the commissioner. PDPO is not applicable to PRC government organs in Hong Kong. As of year's end, the government was considering whether it should be made applicable to PRC bodies. Under certain exemptions for purposes related to safeguarding the security, defense, or international relations of Hong Kong, and for the prevention, detection, or prosecution of a crime, Hong Kong authorities may be allowed to transfer personal data to a PRC body.

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 respected these rights in practice. Accusations of media self-censorship continued during the year. Most media outlets were owned by businesses with interests on the mainland, making them vulnerable to self- censorship. The Hong Kong Journalist Association's 2005 annual report noted that there "is a continued perception that some sections of the media are engaged in self-censorship." In 2005 the University of Hong Kong conducted a public opinion poll that said that 50 percent of respondents believed the media practiced self-censorship.

In February four men broke into the offices of the Falun Gong-owned daily newspaper Epoch Times and destroyed a piece of machinery in the paper's print shop. Epoch Times had just opened the print shop a few weeks prior to the break-in after experiencing difficulties in hiring a local printing company. In 2005 the printing company that Epoch Times had been using refused to renew their contract, and the Falun Gong alleged the contract was canceled because the company feared business reprisals from its mainland clients. In addition to printing its daily paper, Epoch Times used the new shop to print large volumes of their Nine Commentaries on the Communist Party, a series of editorials offering a critical history of the Chinese Communist Party. At year's end police investigators had collected evidence at the crime scene but had made no arrests in connection with the break-in. After brief initial reports in local papers, the incident received no follow-up media coverage, which some observers said was an obvious case of media self-censorship.

The publishing or importation of print or other media in Hong Kong are subject to regulation by a few provisions to safeguard the interest of readers. For example, the Control of Obscene and Indecent Articles Ordinance guards against the inclusion of obscene materials in print and other media not regulated by the Broadcasting Ordinance. In August peephole-style photos of popular Hong Kong singer Gillian Chung, taken backstage at a concert in Malaysia and published in the Hong Kong weekly Easy Finder, sparked debate among government, local media, and women's rights activists on the proper balance between press freedom and the right to privacy. Gillian Chung filed a writ with Kong Kong's High Court (Obscene Articles Tribunal) on August 28, seeking an injunction against further publication and an order for Easy Finder to surrender all existing copies of the photos. At year's end the case had not been decided, but government officials, including the chief executive and Legco members, called for fresh discussions on the controversial legal nexus between privacy, press freedom, and covert surveillance.

In August legislator Albert Ho was attacked and beaten with clubs by three assailants in what appeared to be a premeditated attack. While the exact motivation for the assault remained a mystery, local observers said it was likely connected to his legal work rather than his government activities. The chief executive vowed that the assailants would be brought to justice. As of year's end, five arrests had been made in connection with the attack, but the investigation continued. In 2005 two employees of the local daily newspaper Ming Pao were slightly injured by a small package bomb that was addressed to the paper's editor. An accompanying letter denounced the paper's executives for publishing an unspecified article. As of November, the perpetrator's identity and exact motivation remained a mystery.

In 2005 a radio talk show host resigned from his position, saying that he was denied a primetime slot because of his outspoken views regarding greater democracy in Hong Kong. The same talk show host had previously resigned in 2004 for unexplained reasons but later returned to his job and was given a Saturday evening time slot. This followed the resignation in 2004 of two other popular radio talk show hosts, who were known for their antigovernment and antimainland rhetoric, due to alleged intimidation. The police investigated the allegations but determined there was not enough evidence to file charges.

Questions continued during the year over whether the government was infringing on the editorial independence of the government-owned Radio Television Hong Kong (RTHK). In February the government unveiled plans to set up an audit team to monitor RTHK following allegations of poor financial controls, management problems, and a failure to comply with government rules and procedures. Critics believed the government's August decision to replace the retiring RTHK deputy director with a civil servant lacking in journalism experience could further erode RTHK's editorial independence. In September the Committee on Review of Public Service Broadcasting proposed RTHK's governing board comprise up to 15 members, with up to four of them directly appointed by the chief executive and nine appointed based on nominations from professional sectors. These 13 board members would appoint the broadcaster's chief executive officer, who would serve on the board along with a staff representative. The proposal, according to the review committee's chairman, aimed to minimize political intervention in the broadcaster, but media pundits were mixed over the level of press freedom offered by the proposal.

International media organizations operated freely. Foreign reporters needed no special visas or government-issued press cards for Hong Kong.

Internet Freedom

There were no government restrictions on access to the Internet.

Academic Freedom and Cultural Events

There were generally no restrictions on academic freedom and cultural events.

b. Freedom of Peaceful Assembly and Association

Freedom of Assembly

The law provides for freedom of assembly and the government generally respected this right in practice. The government routinely issued the required permits for public meetings and demonstrations.

Under the Public Order Ordinance, demonstration organizers must notify the police of their intention to demonstrate one week in advance, unless an exception is granted. The police accept shorter notice if groups can satisfy the commissioner of police 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 explicitly object within 48 hours, and if there is no reply, it is assumed there is no objection. The ordinance also empowers police to object to demonstrations on national security grounds, although that portion of the law has never been invoked. If the police object, demonstration organizers may appeal to a statutory appeals board comprising members from different sectors of society. Both the board's proceedings and the police's exercise of power are subject to judicial review.

Falun Gong practitioners regularly conducted public protests against the crackdown on fellow practitioners in the PRC. In 2005 the Court of Final Appeal overturned the convictions of eight Falun Gong practitioners who had been charged with obstructing and assaulting police officers during a sit-in protest in 2002. The ruling was viewed as an important affirmation of Hong Kong's fundamental freedom of assembly, demonstration, and expression under the Basic Law. In August, 15 of the protesters arrested during the sit-in filed a $192,000 (HK$1.5 million) civil claim against the police for unlawful arrest and false imprisonment. At year's end the case was pending.

Freedom of Association

The Basic Law provides for freedom of association, and the government generally respected this right in practice.

c. Freedom of Religion

The Basic Law provides for freedom of religion, and the government generally respected these provisions in practice.

Societal Abuses and Discrimination

While Falun Gong practitioners freely and openly practiced their beliefs, they have been routinely subjected to more subtle forms of discrimination. In February the offices of the Falun Gong-owned daily newspaper Epoch Times were attacked and vandalized (see section 2.a.). In 2005 an international hotel chain canceled a conference room reservation that Epoch Times had made for a forum on the future of China. A Falun Gong spokesperson said that once it became widely known that the Falun Gong had sponsored the conference, a replacement facility could not be found.

Hong Kong's small Jewish community had excellent relations with the rest of society, and there were no reports of anti-Semitic acts during the year.

For a more detailed discussion, see the 2006 International Religious Freedom Report.

d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation

The Basic Law provides residents freedom of movement, freedom of emigration, and freedom to enter and leave the territory, and the government generally respected these rights in practice, with some prominent exceptions. Most residents easily obtained travel documents from the SAR government. There were limits on travel to the mainland imposed by the PRC government.

The government does not recognize the Taiwan passport as valid for visa endorsement purposes.

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

Unlike in previous years, there were no reports that the government denied entry to persons it considered politically controversial. In 2005 Taipei Mayor Ma Ying-jeou was unexpectedly denied a visa to attend a University of Hong Kong seminar on culture and city management. The government refused to give a reason for the denial.

In 2004 a New Zealand citizen and Falun Gong practitioner was denied entry to Hong Kong for unspecified reasons. Also in 2004 the government barred 41 Falun Gong practitioners from entering the SAR for "security reasons." Most of the practitioners were attempting to attend Falun Gong's annual conference, which attracted approximately 700 persons. Four of those denied entry filed a judicial review. As of October the Court of Final Appeal had not issued a ruling in the case. Also in 2004 the government denied a request to allow two 1989 Tiananmen Square student leaders to enter the SAR to participate in a conference focused on the Tiananmen Square massacre. Earlier that year other Tiananmen Square student leaders had been allowed to enter to engage in uncontroversial activities.

PRC authorities do not permit some Hong Kong human rights activists and prodemocracy legislators to visit the mainland; however, this policy has been relaxed in recent years.

Protection of Refugees

The 1951 UN Convention relating to the Status of Refugees and its 1967 protocol do not extend to Hong Kong, and the SAR eliminated its temporary protection policy. The director of immigration has discretion to grant refugee status or asylum on an ad hoc basis, but only in cases of exceptional humanitarian or compassionate need. The Immigration Ordinance does not provide foreigners any right to have asylum claims recognized. The government practice was to refer refugee and asylum claimants to a lawyer or to the Office of the UN High Commissioner for Refugees (UNHCR). Those granted refugee status, as well as those awaiting UNHCR assessment of their status, received a UNHCR subsistence allowance but were not allowed to seek employment or enroll their children in local schools. In May the UNHCR stopped providing financial support to those individuals awaiting status assessment due to budget cuts. In response, the government began offering limited allowances to adult claimants through its social welfare department. The UNHCR worked with potential host country representatives to resettle those few persons designated as refugees. Government policy is to repatriate all illegal immigrants, including those who arrive from the mainland, as promptly as possible. During the first half of the year, 1,486 illegal PRC immigrants were repatriated to the mainland.

In August six asylum seekers staged a hunger strike at an immigration detention center in protest of their detention while awaiting adjudication of their status. The detention center held approximately 120 asylum seekers, and about one-quarter of those had been held for more than six months while their claims for asylum under the UN Convention Against Torture were considered by the government. Legislators responded by passing a motion urging the government to cooperate with the UNHCR to speed up processing of asylum seekers.

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

The right of residents to peacefully change their government is limited by the Basic Law, which provides for the selection of the chief executive by an 800-person election committee (composed of individuals who are directly elected, indirectly elected, and appointed). The Basic Law provides for the direct election of only 30 of the 60 Legco members, and the inclusion of appointed members to the elected district councils. The approval of the chief executive, two-thirds of the legislature, and two thirds of Hong Kong's NPC delegates is required to place an amendment of the Basic Law on the agenda of the NPC, which, under the Basic Law, has the sole power to amend the Basic Law.

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." Similarly, the Basic Law states that the "ultimate aim is the election of all the members of Legco by universal suffrage." However, in 2004 the NPC standing committee rejected universal suffrage in Hong Kong in the 2007 and 2008 elections.

The Committee on Governance and Political Development held its last meeting in late November. In early November, despite the chief executive's silence on a timetable for universal suffrage at the Policy Address, the chief secretary said that greater democracy and political reforms require "more on trust, and less on fundamentalism and posturing." In October the secretary for constitutional affairs proposed that a 1,600-strong Nominating Committee could be set up to vet future chief executive candidates to ensure they were acceptable to Beijing.

The government is authorized to exercise a high degree of autonomy and to enjoy executive, legislative, and independent judicial power. It contains an executive branch staffed by a professional and independent civil service and a two-tiered legislative branch consisting of the Legco and 18 district councils.

Elections and Political Participation

In March 2005 Chief Executive Tung Chee-hwa unexpectedly resigned citing health concerns. Tung's resignation sparked a debate over the appropriate length of term for his replacement under the Basic Law. In 2004 the Hong Kong government took the explicit position that the "the term of the chief executive of the Hong Kong SAR shall be five years." The government abruptly changed that position following Tung's resignation, holding that the legislative intent of the Basic Law was that a chief executive returned through a by-election should only serve out the remaining term of the outgoing chief executive. After legislators raised the prospect of filing for judicial review by the Hong Kong courts, the government requested an interpretation by the NPC Standing Committee to clarify the issue. In April the Standing Committee of the NPC issued an interpretation of the Basic Law stating that Tung's replacement should only serve the remaining two years of Tung's term. The interpretation, which was regarded by many as inconsistent with the Basic Law, raised questions about the central government's commitment to the rule of law in Hong Kong and respect for Hong Kong's high degree of autonomy.

In June 2005, after a 10-day campaign, former chief secretary Donald Tsang secured 710 of the 800 election committee nominating votes. This was enough to ensure that his two declared challengers, Democratic Party Chairman Lee Wing-tat and Independent legislator Chim Pui-cheng, could not obtain the 100 nominations required to contest the election. Tsang was sworn in on June 24 in Beijing.

In April 2004 the NPC standing committee issued a self-initiated interpretation of the Basic Law, cutting short local debate and rejecting universal suffrage for Hong Kong in the 2007 and 2008 elections. The NPC also determined that the current 50-50 ratio for directly elected geographic seats and indirectly elected functional constituency seats in Legco must remain indefinitely in place. In addition, the NPC narrowed the circumstances in which Legco members would be permitted to initiate legislation. The NPC decision left room for amendments to the election processes, albeit strictly within the limits dictated by the NPC standing committee.

In December 2005 a government plan to make modest changes to the electoral procedures for selecting the chief executive and Legco members failed to gain the required two-thirds majority in Legco. The plan called for increasing the size of the chief executive election committee and adding five seats each to both the geographic and functional constituencies. All "no" votes came from prodemocracy members, who decried the legislation's lack of a roadmap and timeline for the introduction of universal suffrage.

Legco members were elected in 2004 to four-year terms, and despite some minor problems, including an insufficient supply of ballot boxes and intimidation of voters and political commentators, the elections were considered free and fair. Prodemocracy candidates won 18 of the 30 directly elected geographic seats and 25 seats overall. There were 199,539 persons eligible to vote in the functional constituencies.

The Basic Law substantially limits the ability of the legislature to influence policy by requiring separate majorities among members elected from geographical and functional constituencies to pass a bill introduced by an individual member. Another Basic Law provision prohibits Legco from putting forward bills that affect public expenditure, political structure, or government policy. Bills that affect government policy cannot be introduced without the chief executive's written consent. The government has adopted a very broad definition of "government policy" in order to block private member bills, and the president of Legco has upheld the government's position.

In August, legislator Leung Kwok-hung launched a judicial review challenging Legco President Rita Fan's refusal to table many private member amendments during debate over the Interception of Communications and Surveillance bill. Fan rejected the amendments on the grounds that they violated Article 74 of the Basic Law, which prohibits individual members from introducing legislation that affects government expenditure or existing government policy. However, because Article 74 places no explicit restrictions on the amendment process, Leung and his attorney argued that Fan's decision violated the Basic Law. Hearings on the case began in mid-November and were ongoing at year's end.

District councils are responsible for advising the government on matters affecting the well-being of district residents, the provision and use of public facilities, and the use of public funds allocated for local public works and community activities. The District Council Ordinance gives the chief executive authority to appoint 102 out of 529 of the district councilors, and he exercises this power in practice.

Hong Kong sends 36 delegates to the PRC's National People's Congress. In 2002 Hong Kong's NPC delegates were elected to a five year term by an NPC-appointed committee of 955 residents. Politicians and human rights activists criticized the election process as undemocratic and lacking transparency. In 2004 two local NPC delegates won directly elected seats in the Legco. One NPC delegate lost his bid for a directly elected Legco seat.

Women held 11 of the 60 Legco seats and made up between 17 and 23 percent of membership in the major political parties. The president of the Legco was a woman, as were the heads of several government departments. More than one-third of civil servants were women, and two of the 15 most senior government officials were women.

There were no ethnic minorities in the Legco, but there were a number of ethnic minorities in senior civil service positions.

Government Corruption and Transparency

There were only isolated reports of government corruption during the year, and the government sought to combat official corruption through the Prevention of Bribery Ordinance and the ICAC. The law provides for access to government information, and in practice such information was provided to both citizens and noncitizens, with exceptions that are narrowly defined and could be appealed.

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 generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were generally cooperative and responsive to their views. Prominent human rights activists critical of the PRC also operated freely and maintained permanent resident status in Hong Kong, but some overseas dissidents have in recent years had difficulty gaining entry to the SAR.

Section 5     Discrimination, Societal Abuses, and Trafficking in Persons

The law provides that all residents are equal, and the government enforced these rights in practice.

Women

The government continued to be criticized for failing to adequately address the growing problem of domestic violence. Local public health officials, politicians and women's groups remained concerned about violence against women, particularly among new immigrants from the mainland. The Domestic Violence Ordinance allows victims to seek a three month injunction, extendable to six months, against an abuser. The ordinance does not criminalize domestic violence directly, although abusers may be liable for criminal charges under other ordinances, including the Crime Ordinance and the Offences Against the Person Ordinance. The government enforced the law and prosecuted violators, but sentences typically consisted only of injunctions or restraining orders. Between January and March, there were 968 cases of domestic violence reported to the Social Welfare Department, which receives reports from the police, social workers, the health department, and volunteer organizations.

In November a man allegedly killed his wife and two children, despite four calls to police by the family following disputes in the two years preceding the killings. All four calls to police were referred by police to the Social Welfare Department, since none involved violence; however, press reports criticized both police and the department for a lack of sensitivity in handling domestic violence cases. Similarly, in 2004 a mother and her two daughters were killed in an act of domestic violence hours after unsuccessfully seeking help at a police station. The mother had previously sought help from government social workers. A 2005 coroner's inquest into the murder recommended sweeping changes to existing guidelines to combat domestic violence. The police department implemented some of the recommendations, and the Social Welfare Department announced a "zero tolerance policy" toward domestic violence. In 2005 the executive director of Harmony House, an NGO that provides services to victims of domestic violence, said that between April 2004 and April 2005, 263 women were admitted to shelters to escape domestic violence--the highest figure in five years. A 2005 University of Hong Kong survey found that one in five families had experienced some form of domestic violence.

In January the government-sponsored Women's Commission released a report providing a strategy for addressing domestic violence, including plans on empowering victims, preventing violence, timely and effective intervention, and community education and support.

In March the government introduced two pilot projects under the Batterer Intervention Program and a new 24-hour service for victims of sexual violence.

In August Permanent Secretary for Health and Welfare Sandra Lee told the UN Convention on the Elimination of All Forms of Discrimination against Women Committee that the government would seek to strengthen the Domestic Violence Ordinance in the following three areas: extend the scope of coverage to include ex-spouses and ex-cohabiters; extend the criteria for attachment of a power of arrest to an injunction order to psychological harm; and increase the duration of the injunction order. NGOs said there was an urgent need to amend the law to make domestic violence a crime directly under the Domestic Violence Ordinance. The legislator representing the social welfare sector accused the government of doing too little to fight domestic violence.

These initiatives were in addition to other government programs that assisted women, such as family life education counseling, a hot line service, temporary housing, legal aid, and child protective services. The government also sponsored public education and media programs through the women's commission to promote public awareness of domestic violence and encouraged women to seek early professional assistance.

There were 38 cases of rape reported to the police during the first half of the year. The Statute Law (Miscellaneous Provisions) Bill criminalizes marital rape and the Crimes Ordinance expressly states that "unlawful sexual intercourse" could be applied both outside and inside the bounds of marriage. During the first half of the year, 554 indecent assault cases were reported to the police.

Prostitution is legal, but there are laws against activities such as causing or procuring another to be a prostitute, living on the prostitution of others, or keeping a vice establishment. Hong Kong is a transit and destination point for persons trafficked for the purposes of sexual exploitation (see section 5, Trafficking.).

The Sex Discrimination Ordinance prohibits sexual harassment of women seeking employment or already working in an organization. The Equal Opportunities Commission (EOC) reported 48 sexual harassment complaints.

Women faced discrimination in employment, salary, welfare, inheritance, and promotion. A survey released in 2004 found that nearly 80 percent of women workers believed they were victims of discrimination.

The percentage of women employed in professional fields, including sciences and engineering, law, teaching, accounting, social sciences, health, and medicine, increased slightly during the year. As of June, 37 percent of professionals employed in these fields were women, versus 33.5 percent in June 2005. Approximately 21 percent of judicial officers and judges were women. In the Legco, women held 11 of the 60 seats. According to a survey released in 2004, approximately three-quarters of private companies had women in senior management positions, and women occupied more than a quarter of senior management posts. Women were still disproportionately represented in the lower echelons of the work force.

The law treats men and women equally in terms of property rights in divorce settlements and in inheritance matters, although women still faced discrimination based on traditional practices, such as in the inheritance of homes in rural areas of the New Territories.

Children

The government supported children's rights and welfare through well-funded systems of public education, medical care, and protective services. The Education Department provided schooling for children between six and 15 years of age and placement services for non-Chinese speaking children. Education is free and compulsory through grade nine. Nearly 100 percent of school-age children attended school, and boys and girls attended in equal proportions. The government supported programs for custody, protection, day care, foster care, shelters, small group homes, and assistance to families.

The Domestic Violence Ordinance mandates substantial legal penalties for acts of child abuse such as battery, assault, neglect, abandonment, sexual exploitation, and child sex tourism, and the government enforced the law.

During the first half of the year, there were 616 child abuse cases reported to the police: A total of 264 involved physical abuses (referring to victims less than 14 years of age), and 352 involved sexual abuses (referring to victims less than 17 years of age). In 2005 a University of Hong Kong survey found that almost one in three children had been abused.

The government provided parent education programs in all 50 of the Department of Health's maternal and child health centers, which included instruction on child abuse prevention. It also provided public education programs to raise awareness of child abuse and alert children about how to protect themselves. The Social Welfare Department provided child psychologists for its clinical psychology units and social workers for its family and child protective services units. The department also commissioned research on domestic violence, including child abuse. The police maintained a child abuse investigation unit and a child witness support program. A child care center law helps prevent unsuitable persons from providing childcare services and facilitates the formation of mutual help childcare groups.

The Prevention of Child Pornography Ordinance criminalizes the making, production, distribution, publication, advertising, and possession of child pornography. It also prohibits the procurement of children for making pornography, extends the application of certain sexual offense provisions to acts committed against children outside of Hong Kong, and prohibits any arrangement or advertising relating to commission of those acts. The law carries a penalty of up to five years' imprisonment and a fine of up to $128,500 (HK$1 million) for possession of child pornography.

In September 2005 the UN Committee on the Rights of the Child (UNCRC) recommended that the government create a single unified law or policy pertaining to children, establish a body representing children's views, ban corporal punishment, establish a poverty line, abolish life sentences for minors, and increase funding for child welfare programs. However, the government did not implement the UNCRC recommendations during the year.

The government provided subsidized, quality medical care for all children who were residents.

The age of criminal responsibility for children is 10 years of age. During the first half of the year, there were 59 youths under the age of 16 who were incarcerated: nine in prison; seven in training centers; 12 in detention centers; and 31 in rehabilitation centers.

Trafficking in Persons

There is no law prohibiting trafficking in persons. There are various laws and ordinances that allow law enforcement authorities to take action against traffickers. Despite robust efforts by the SAR government to stop such activities, Hong Kong was a point of transit and destination for a small number of persons trafficked for sexual exploitation from China and Southeast Asia. It was difficult for the government to identify trafficking victims from among the larger group of illegal immigrants.

Nearly all foreign prostitutes came to Hong Kong willingly to engage in prostitution. Most came from rural areas of the mainland, Thailand, or the Philippines on 14-day tourist visas, although a very small number entered using forged documents. The overwhelming majority were women, although an increasing number of young men were coming to Hong Kong to work as homosexual prostitutes. While many came on their own, some were lured to the SAR by criminal syndicates and promises of financial rewards. Prostitutes were typically required to repay the syndicates the cost of their airfare, lodging, and food. Some were forced to stay longer than they anticipated, or work more than they expected, to repay their debts. Prostitutes were sometimes required to give their passports to the syndicates until the debt was paid. When their visas expired, many would travel to Macau or Shenzhen for a day, and then reenter Hong Kong. Immigration officials were well aware of this practice and would deny reentry if they suspected such abuse. Despite the involvement of syndicates in bringing prostitutes to Hong Kong, very few women were forced, or coerced, to work as prostitutes.

During the year the government reported one suspected case of trafficking. Two Philippine women reported they were recruited by another Philippine woman to come to Hong Kong to work as bar waitresses. The alleged victims claimed they were forced to work as prostitutes upon arrival and they had successfully escaped after one week. The alleged victims filed affidavits to the Philippine Consulate General and left Hong Kong. The case was reported to the police. One suspect was arrested but denied the allegation, and the investigation was underway.

In recent years traffickers have used forged or illegally obtained travel documents to attempt to smuggle persons through the Hong Kong airport, but it was not a serious problem throughout the year. In 2004 the Immigration Department established the Anti-Illegal Migration Agency to target human smugglers and other travelers using fraudulent documents. The agency had 60 officers stationed at the Hong Kong International Airport. The number of fraudulent documents seized at the airport declined sharply during the first half of the year due to the presence of these officers. Authorities apprehended 834 persons with forged travel documents in the first half of the year, versus 1,288 during the same period in 2004. During the year there were no known reports of persons being trafficked into the SAR to work as domestic workers.

Provisions in the Immigration Ordinance, the Crimes Ordinance, and other relevant laws enabled law enforcement authorities to take action against trafficking in persons. The courts can impose heavy fines and prison sentences up to 14 years for activities such as arranging passage of unauthorized entrants; assisting unauthorized entrants to remain; 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 is responsible for combating migrant trafficking and overseeing the police, customs, and immigration departments, which are responsible for enforcing antitrafficking laws. Law enforcement officials received special training on handling and protecting victims and vulnerable witnesses, including victims of trafficking.

The government provided legal aid to those taking legal action against an employer, and immunity from prosecution for those who assist in the investigation and prosecution of traffickers. The Social Welfare Department and local NGOs also provided an array of social services to victims of trafficking. The government did not provide funding to foreign or domestic NGOs for services to victims. The government also tried to prevent trafficking by distributing pamphlets in a wide range of languages to workers about their rights.

Persons with Disabilities

Discrimination against persons with physical and mental disabilities persisted in employment, education, and the provision of some public services. The Disability Discrimination Ordinance calls for improved building access and sanctions against those who discriminate. Despite inspections and the occasional closure of noncompliant businesses under the Buildings Ordinance, access to public buildings (including public schools) and transportation remained a serious problem for persons with disabilities.

The government offered an integrated work program in sheltered workshops and provided vocational assessment and training. No comprehensive statistics were available on the number of persons with disabilities in the work force, but the last government survey conducted in 2000 estimated that there were approximately 269,500 persons with one or more disabilities, including 225,600 persons with physical disabilities and 52,700 with mental disabilities. According to the survey, of the 269,500 persons with disabilities, 52,500 were employed and 59,700 were considered "economically active," including small business owners and street vendors. However, a consortium of organizations representing persons with disabilities reported in 2002 that approximately 700,000 residents were disabled, approximately half of whom were able to work. As of March there were 3,256 persons with disabilities employed as civil servants out of a total civil service work force of 156,436. During the first half of the year, the Labor Department's Selective Placement Division found jobs for 1,637 of 2,670 disabled job seekers. As of September 2005, 1.32 percent of 795,000 students were disabled; approximately 37 percent of these students studied at mainstream schools.

The EOC sponsored a variety of activities to address discrimination against persons with disabilities, including youth education programs, distributing guidelines and resources for employers, carrying out media campaigns, and cosponsoring seminars and research.

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 register under the Trade Unions Ordinance. The basic precondition for registration is a minimum membership of seven persons.

b. The Right to Organize and Bargain Collectively

The law provides for the right to organize; however, it does not guarantee the right to collective bargaining. The 1997 Employment and Labor Relations (Miscellaneous Amendments) Ordinance removes the legal stipulation of trade unions' right to engage employers in collective bargaining. The ordinance 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. In a few trades, such as tailoring and carpentry, wage rates were determined collectively in accordance with established trade practices and customs rather than a statutory mechanism, but collective bargaining was not practiced widely. Unions were not powerful enough to force management to engage in collective bargaining. The government did not engage in collective bargaining with civil servants' unions.

The workplace consultation promotion unit in the Labor Department facilitated communication, consultation, and voluntary negotiation between employers and employees. Tripartite committees for each of the nine sectors of the economy included representatives from some trade unions, employers, and the Labor Department.

Work stoppages and strikes are legal. There are some restrictions on this right for civil servants. Although there is no legislative prohibition of strikes, in practice most workers had to sign employment contracts that typically stated that walking off the job is a breach of contract, which could lead to summary dismissal. In addition, there is no legal entitlement to reinstatement in the case of unfair dismissal.

There was one minor labor stoppage during the year. In June more than 200 bus drivers staged a one-day sit-in over wages, but a larger strike was averted when a last-minute agreement was reached. There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor. Although the law does not specifically prohibit forced or compulsory labor by children, there were no reports that such practices occurred.

d. Prohibition of Child Labor and Minimum Age for Employment

The Employment of Children Regulations prohibits employment of children under the age of 15 in any industrial establishment. Children ages 13 and 14 may work in certain nonindustrial establishments, subject to conditions aimed at ensuring a minimum nine years of education and protection of their safety, health, and welfare. The Labor Department conducted regular workplace inspections to enforce compliance with the regulations. During the first half of the year, the Labor Department conducted 79,968 inspections and discovered three suspected violations of the Employment of Children Regulations. Two cases involved the employment of children ages 13 and 14 without valid school attendance certificates and written parental consent, whereas the other case involved the employment of a child entertainer age 14 working beyond the stipulated hours of work. As of year's end, the government was assessing the evidence for prosecution. The regulations limit work hours in the manufacturing sector for persons 15 to 17 years of age to eight hours per day and 48 hours per week between 7 a.m. and 7 p.m. They also prohibit, for persons less than 18 years of age, overtime in industrial establishments with employment in dangerous trades.

e. Acceptable Conditions of Work

There is no statutory minimum wage except for domestic workers of foreign origin. 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 provided workers with various kinds of allowances, free medical treatment, and free subsidized transport. The average wage provided a decent standard of living for a worker and family. Two-income households were the norm. There are no regulations concerning working hours, paid weekly rest, rest breaks, or compulsory overtime. In October the chief executive for the first time acknowledged the need to study the issue of a minimum wage and limits on working hours.

In 2001 the SAR government was criticized by the UN Committee on Economic, Social, and Cultural Rights for failure to establish regulations on a statutory minimum wage, maximum working hours, paid weekly rest, rest breaks, compulsory overtime, and protection against unfair dismissal. In 2004 the government referred the issue of a minimum wage and maximum working hours to the labor advisory board. As of October the board was still considering the issue. In early October as many as 50 trade unions and associations protested the government's slow progress towards a minimum wage and accused it of exploiting the underprivileged and colluding with big business. Moreover, there was no broad consensus in the community on these issues, which were debated by legislators, academics, and the public. Nevertheless, the Labor Department actively sought to improve working conditions by encouraging consultations, meetings, and seminars with industry-based committees comprising representatives of government, employers' associations, and trade unions. Such committees included the tripartite committee for the cargo transport industry and the committee for the property management industry.

The minimum wage for foreign domestic workers was approximately $435 per month (HK$3,400, as of June 2006). The standard workweek was 48 hours, but many domestic workers worked much longer hours. The standard contract 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. Foreign domestic workers can be deported if dismissed. During the first seven months of the year, four employers were convicted for labor law maltreatment violations under the Employment Ordinance relating to the employment of foreign domestic workers. During the first seven months of the year 124 foreign domestic workers filed criminal suits for other types of maltreatment, including rape, indecent assault, and wounding and serious assault, 75 of which were prosecuted.

The Occupational Safety and Health Branch of the Labor Department are responsible for safety and health promotion, enforcement of safety management legislation, as well as policy formulation and implementation.

The Factories and Industrial Undertakings Ordinance, the Occupational Safety and Health Ordinance, the Boilers and Pressure Vessels Ordinance, and their 35 sets of subsidiary regulations regulate safety and health conditions. During the first half of the year, the Labor Department conducted 63,156 workplace inspections and issued 959 summonses, resulting in a total of $965,295 (HK$7,529,300) in fines. Worker safety and health has improved over the years, but serious problems remained, particularly in the construction industry. During the first half of the year, there were 10,048 occupational injuries, of which 3,667 were classified as industrial accidents. There were five fatal industrial accidents. 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.