CCPR/C/CHN-HKG/CO/3
18.
The Committee notes with appreciation a variety of measures and programmes
intended to combat domestic violence, but remains concerned at the high incidence of
domestic violence in Hong Kong, China, including domestic violence against women and
girls with disabilities (arts. 3, 7 and 26).
Hong Kong, China, should increase its efforts to combat domestic violence by, inter
alia, ensuring effective implementation of the Domestic and Cohabitation
Relationships Violence Ordinance (DCRVO). In this regard, Hong Kong, China,
should ensure the provision of assistance and protection to victims, the criminal
prosecution of perpetrators of such violence, and the sensitization of society as a whole
to this matter.
19.
The Committee notes with concern that, unlike the other Discrimination Ordinances,
the Race Discrimination Ordinance (RDO) does not specifically apply to the Government
in the exercise of its public functions such as the operations of the Hong Kong Police
Forces and Correctional Services Department (art. 26).
The Committee recommends that Hong Kong, China, rectify a key gap in the current
Race Discrimination Ordinance, in close consultation with the Equal Opportunities
Commission, in order to ensure full compliance with article 26 of the Covenant. Hong
Kong, China, should also consider introducing comprehensive anti-discrimination
laws, in accordance with the Covenant. Such legislation should impose obligations on
the authorities to promote equality and to eradicate discrimination.
20.
The Committee is concerned about the persistence of the phenomenon of trafficking
in persons in Hong Kong, China, and reports that Hong Kong, China, is a source,
destination, and transit point for men, women, and teenage girls from Hong Kong, the
mainland of China, and elsewhere in Southeast Asia, subjected to human trafficking and
forced labour. The Committee is concerned about the reluctance of Hong Kong, China, to
take steps which could lead to the extension of the Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children, supplementing the United
Nations Convention against Transnational Organized Crime (Palermo Protocol) to Hong
Kong, China, (art. 8).
Hong Kong, China, should intensify its efforts to identify victims of trafficking and
ensure the systematic collection of data on trafficking flows to and in transit through
the region, review its sentencing policy for perpetrators of trafficking-related crimes,
support private shelters offering protection to victims, strengthen victim assistance by
ensuring interpretation, medical care, counselling, legal support for claiming unpaid
wages and compensation, long-term support for rehabilitation and stability of legal
status to all victims of trafficking. The Committee recommends the inclusion of
certain practices regarding foreign domestic workers in the definition of the crime of
human trafficking. Hong Kong, China, should consider taking steps which could lead
to the extension of the Palermo Protocol to Hong Kong, China, in order to strengthen
its commitment to fight trafficking in persons in the region.
21.
The Committee is concerned about the discriminatory and exploitation suffered by a
large number of migrant domestic workers and the lack of adequate protection and redress
provided for them (arts. 2 and 26).
Hong Kong, China, should adopt measures to ensure that all workers enjoy their basic
rights, independently of their migrant status, and establish affordable and effective
mechanisms to ensure that abusive employers are held accountable. It is also
recommended to consider repealing the “two-weeks rule” (whereby domestic migrant
workers have to leave Hong Kong within two weeks upon termination of contract) as
well as the live-in requirement.
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