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Following is a question by the Hon Emily Lau Wai-hing and a written reply by the Secretary for Labour and Welfare, Mr Matthew Cheung Kin-chung, in the Legislative Council today (June 13):
Question:
In September this year, the Committee on the Rights of Persons with Disabilities of the United Nations will consider the initial report submitted by Hong Kong under the United Nations Convention on the Rights of Persons with Disabilities (the Convention). In this connection, will the Executive Authorities inform this Council:
(a) whether the authorities will introduce "mainstreaming of the rights of persons with disabilities" for examining if the Government complies with the provisions relating to the rights of persons with disabilities under the Convention in legislation and implementation of administrative and other measures; if they will, of the details; if not, the reasons for that;
(b) whether the authorities will standardise the definition of disabilities adopted by various government departments and policy bureaux in accordance with the concept of disabilities as described in the Preamble of the Convention, and collect statistical and research data on persons with disabilities in accordance with Article 31 of the Convention, so as to facilitate the formulation and implementation of policies to give effect to the Convention; if they will, of the details; if not, how the authorities collect data to give effect to the Convention in the absence of a standardised definition of disabilities; and
(c) given that Article 33 of the Convention stipulates the establishment of independent mechanisms by states parties to promote, protect and monitor implementation of the Convention, whether the authorities have assessed if the Commissioner for Rehabilitation (C for R) under the Deputy Secretary for Labour and Welfare has sufficient independence and power to promote the implementation of the Convention in various government departments; if they have, of the results; whether the authorities will consider establishing a high level mechanism to promote, protect and monitor the implementation of the Convention; if they will, of the details; if not, the reasons for that?
Reply:
President,
It has all along been the policy objective of the Government and the development directions set out in the Hong Kong Rehabilitation Programme Plan (RPP) to help persons with disabilities develop their potential as well as to build a barrier-free living environment with a view to enabling persons with disabilities to participate in full and enjoy equal opportunities both in terms of their social life and personal growth. These are also the spirit and core values enshrined in the United Nations Convention on the Rights of Persons with Disabilities (the Convention). Promotion and implementation of the Convention is an ongoing initiative. It is also the direction of continued development of rehabilitation services in Hong Kong. The Government will continue to collaborate with the Rehabilitation Advisory Committee (RAC), the Equal Opportunities Commission (EOC), groups of persons with disabilities, parents groups, the rehabilitation sector and other sectors in the community to promote the spirit and core values enshrined in the Convention and step up our efforts in fulfillment of the requirements under the Convention. My reply to the Hon Emily Lau's question is as follows:
(a) All government bureaux and departments are fully aware that in formulating policies and implementing service programmes, due consideration needs to be given to the requirements under the Convention, including a statement under its preamble which emphasises the importance of mainstreaming disability issues as an integral part of relevant strategies of sustainable development. In this regard, government bureaux and departments would take into account the needs of persons with disabilities in formulating policies and implementing service programmes. For policies and measures which may bring about significant impact on persons with disabilities, bureaux and departments are required to suitably consult persons with disabilities and stakeholders and draw up guidelines to ensure that these policies and measures can adequately cater for the needs of persons with disabilities, thereby facilitating their full integration into society. For example, to build a barrier-free environment, the Labour and Welfare Bureau (LWB) has issued a circular, requesting all government bureaux and departments to comply with the design manual on barrier-free access in carrying out construction or alteration works and, wherever practicable, adopt higher standards beyond the design manual to ensure the provision of barrier-free access for persons with disabilities. The Buildings Department has also published the "Design Manual: Barrier Free Access 2008", providing guidelines on barrier-free facilities.
(b) Government bureaux and departments make reference to the definition of disabilities under RPP (Note 1) in formulating policies and services relating to persons with disabilities. In defining disability, the RPP Review Working Group has carefully considered such factors as the applicability to Hong Kong situation, the service needs of persons with disabilities and feasibility, etc. while taking into account the overseas practices and experience. The definition of disabilities in RPP is also in line with the concept of disabilities under the Convention. Indeed, RPP has all along been the blueprint for the development of rehabilitation services and widely accepted by various sectors in the community, including the rehabilitation sector.
That notwithstanding, given that service needs vary among persons with different category and severity of disabilities, it is necessary for various bureaux and departments to adopt different demarcation of target service users in formulating policies and service programmes in order to provide tailor-made and suitable support for persons in need. For example, the Disability Discrimination Ordinance (Cap. 487) (DDO) aims at providing the widest protection for persons with disabilities against discrimination, and thus a broad definition of disabilities is adopted which may cover persons suffering from myopia, Hepatitis B virus carriers, etc, or persons recovered from disability. For Residential Care Homes (Persons with Disabilities) Ordinance (Cap. 613), its legislative intent is to regulate residential care homes for persons with disabilities (RCHD), thereby protecting persons with disabilities who are living in RCHDs owing to their residential care needs. In this light, persons with disabilities who do not have special residential care needs (eg persons suffering from specific learning difficulties) are not covered. In fact, according to the reports submitted by other countries to the United Nations Committee on the Rights of Persons with Disabilities under the Convention, a number of these countries also adopt varying definitions for different policies and measures.
Regarding the statistics and data on persons with disabilities, the Census and Statistics Department (C&SD) conducts surveys on persons with disabilities and chronic diseases regularly. The latest round of survey was conducted in 2006-07. To ensure that the survey met the intended objectives, C&SD had carried out a series of consultations with stakeholders (including relevant government bureaux and departments, public bodies, non-governmental organisations and academia) before conducting the survey. These consultations served to collect expert views and advice on the scope of disabilities and chronic diseases, as well as the definitions of individual types of disability. C&SD had also made reference to the definition of disability adopted in similar surveys conducted by some overseas statistical offices to facilitate comparison with other countries or regions. Having regard to the above information and other relevant factors, such as the resources implications; the degree of difficulties encountered by respondents in giving responses; and the possible technical difficulties in defining each type of disability, the survey has adopted a definition of disability which is generally in line with the 2007 RPP.
(c) The Commissioner for Rehabilitation (C for R) of LWB is responsible to the Secretary for Labour and Welfare for the formulation of the overall policy in rehabilitation and welfare matters for persons with disabilities, and for co-ordinating and facilitating all government departments, public organisations and non-governmental organisations in the development and provision of rehabilitation services. Following the application of the Convention to Hong Kong, C for R serves as the focal point within the Hong Kong Special Administrative Region Government for matters relating to the implementation of the Convention, while relevant bureaux and departments have the responsibilities to ensure that the policies and measures under their purview provide equal opportunities and rights for persons with disabilities in compliance with the spirit and provisions of the Convention. For example, with the support and steer of the Chief Secretary for Administration and the Secretary for Labour and Welfare, C for R is responsible for co-ordination with relevant departments to take forward a comprehensive retrofitting programme on upgrading the barrier-free facilities for government venues. With the full co-operation of all relevant departments, the retrofitting programme has made satisfactory progress and achieved the desired results.
In tandem, following the application of the Convention to Hong Kong, the RAC has taken on the new role in advising the Government on the promotion and monitoring of the implementation of the Convention in Hong Kong. Furthermore, as the statutory enforcement agency of DDO, EOC has all along been serving as a safeguard in protecting the equal opportunities of persons with disabilities and their rights under the DDO.
Note 1: The definition covers ten types of disabilities, including Attention Deficit/Hyperactivity Disorder; Autism; hearing impairment; intellectual disability; mental illness; physical disability; Specific Learning Difficulties; speech impairment; visceral disability; and visual impairment.
Ends/Wednesday, June 13, 2012
Issued at HKT 12:17
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