CCPR/C/CHN-HKG/CO/3
monitor and review the activities of the CAPO and that the members of IPCC are appointed
by the Chief Executive (arts. 2 and 7).
Hong Kong, China, should take necessary measures to establish a fully independent
mechanism mandated to conduct independent, proper and effective investigation into
complaints about the inappropriate use of force or other abuse of power by the police
and empowered to formulate binding decisions in respect of investigations conducted
and findings regarding such complaints.
13.
The Committee is concerned about reports that Hong Kong, China, has seen
deterioration in media and academic freedom, including arrests, assaults and harassment of
journalists and academics (arts. 19 and 25).
Hong Kong, China, should, in line with the Committee’s general comment No. 34
(2011) on freedoms of opinion and expression, take vigorous measures to repeal any
unreasonable direct or indirect restrictions on freedom of expression, in particular for
the media and academia, to take effective steps including investigation of attacks on
journalists and to implement the right of access to information by public bodies.
14.
The Committee notes Hong Kong, China’s intention to deal with the offences of
treason and sedition in the context of the new legislation implementing article 23 of the
Basic Law. However, it remains concerned at the broad wording of the definition of the
offences of treason and sedition currently in Hong Kong, China’s Crimes Ordinance (arts.
19, 21 and 22).
Hong Kong, China, should amend its legislation regarding the offences of treason and
sedition to bring it into full conformity with the Covenant and ensure that the foreseen
new legislation under article 23 of the Basic Law is fully consistent with the provisions
of the Covenant.
15.
The Committee notes the information provided by Hong Kong, China, that the
Director of Immigration may exercise her or his discretion on a case-by-case basis to grant
permission to the applicants to enter Hong Kong from the Mainland China, as dependants if
there are exceptional humanitarian or compassionate considerations. However, the
Committee is concerned that many families, reportedly nearly a hundred thousand families
composed of parents and their children, remain separated between Mainland China, and
Hong Kong, as a result of the right of abode policies (arts. 23 and 24).
The Committee reiterates its previous recommendations (CCPR/C/HKG/CO/2, para.
15) that Hong Kong, China, review its policies and practices regarding the right of
abode in accordance with its obligations with regard to the right of families and
children to protection under articles 23 and 24 of the Covenant.
16.
The Committee notes the efforts made to prevent corporal punishment by parents.
However, it is concerned about the continual practice of corporal punishment in the home
(art.7).
Hong Kong, China, should take practical steps to put an end to corporal punishment
in all settings. It should encourage non-violent forms of discipline as alternatives to
corporal punishment, and should conduct public information campaigns to raise
awareness about its harmful effects. Hong Kong, China, should take steps to initiate a
full public discussion on corporal punishment by parents on children.
17.
While noting that Falun Gong in Hong Kong is a legally registered organization, the
Committee regrets restrictions on Falun Gong practitioners in Hong Kong, in particular in
relation to the right of movement (arts. 12, 18 and 19).
Hong Kong, China, should ensure that its policies and practices relating to the Falun
Gong practitioners conform fully to the requirements of the Covenant.
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