MESSAGE

         I am pleased to present the Policy Programme of the Home Affairs Bureau. We are fully committed to safeguarding the rights of the individual and protecting press freedom, to enhancing access to government information and to encouraging the community to participate in local affairs. We will intensify our efforts to promote a better understanding of the Basic Law and to enhance civic education to instil a stronger sense of belonging to the Hong Kong Special Administrative Region. We will continue to implement the District Administration Scheme and keep up our community building efforts to help Hong Kong become an even more lively, harmonious and prosperous community.

(David H T Lan)
Secretary for Home Affairs

INTRODUCTION

         The Hong Kong Special Administrative Region (HKSAR) Government is committed to ensuring that it is open and fully accountable to the people of Hong Kong. Policies, aims and programmes must be clear to all so that the Government can be accountable for their delivery. With greater clarity of purpose and accessibility, the public can better assess our performance and help us improve our quality of service.

         The Policy Programmes, which underpin the Policy Address delivered by the Chief Executive in October 1997, explain the objectives and ongoing work of each Policy Bureau and its supporting departments, as well as Department of Justice, Office of the Judiciary Administrator, Independent Commission Against Corruption and the Administration Wing of the Chief Secretary for Administration's Office, and their proposed new commitments for the coming year. They are set out in three sections:

• Objectives state the overall objectives of the Government, according to each programme area, in particular, responsibilities in relation to implementing the Basic Law are spelt out.

• Major Programme Areas list the aims and the important features of each programme area. An overview of the current situation and key performance indicators are given. This section also sets out the Government's new commitments for the coming year.

• Into the 21st Century describes the vision of the Government for a better Hong Kong as we enter the 21st Century and the plans we are making to meet our long-term needs.

Objectives

         The Bureau's objectives are to build a relationship of trust with the people it serves and to encourage their participation in civic affairs. We seek to achieve these goals by:

• protecting the rights of the individual and prohibiting discrimination;

• formulating an information policy which enhances access to government information and protects the freedom of the press; and

• encouraging people to participate in the management of community affairs through the District Administration Scheme.

         These commitments are part of the Government's wide effort to improve the quality of life in Hong Kong and strengthen the community's civic institutions.

         We aim to create a society in which individuality flourishes and yet people are brought together as members of a community with shared aspirations and values. We shall:

1. promote the understanding of the Basic Law;

2. enhance our civic education programme to instil a stronger sense of belonging to Hong Kong as a Special Administrative Region of China;

3. submit a draft report on the implementation of the Convention on the Elimination of Discrimination Against Women in Hong Kong to the Central People's Government for onward submission to the United Nations;

4. bring the Family Status Discrimination Ordinance into operation;

5. issue Codes of Practice on self-regulation against discrimination on grounds of race and sexuality; and

6. continue to implement the District Administration Scheme and keep up our community-building efforts.

Implementing the Basic Law

         The articles of the Basic Law most directly relevant to the Bureau are listed in the Annex. Their requirements have been reflected in our Policy Programme.

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Major Programme Areas

         The Home Affairs Bureau is responsible for three major programme areas:

1. Rights of the Individual;

2. Information Policy; and

3. District and Community Relations.

A. Rights of the Individual

Aims

         The aims of the Bureau are:

• to safeguard the rights of the individual; and

• to discourage and prohibit discrimination through education, publicity and legislation.

Overview

         The Basic Law contains extensive provisions to safeguard the rights of the individual.

         We have been taking measures to fulfil our obligations under the six United Nations human rights treaties which are applicable to Hong Kong. These treaties are:

• The International Covenant on Civil and Political Rights,

• The International Covenant on Economic, Social and Cultural Rights,

• The International Convention on the Elimination of All Forms of Racial Discrimination,

• The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,

• The Convention on the Rights of the Child, and

• The Convention on the Elimination of All Forms of Discrimination Against Women.

         Apart from ensuring that our laws, policies and practices contribute to the safeguard of the rights of the individual, we have enacted specific legislation, namely:

• The Hong Kong Bill of Rights Ordinance,

• The Sex Discrimination Ordinance,

• The Disability Discrimination Ordinance,

• The Personal Data (Privacy) Ordinance, and

• The Family Status Discrimination Ordinance.

         We have established the Equal Opportunities Commission (EOC) to promote and enforce the Sex Discrimination, Disability Discrimination and Family Status Discrimination Ordinances.

         We have established the Office of the Privacy Commissioner for Personal Data (PCO) to promote and enforce the Personal Data (Privacy) Ordinance.

         We have been adopting education, publicity and other administrative measures to enhance people's awareness of their rights and to promote equal opportunities for all regardless of sex, marital status, pregnancy, disability, family status, race or sexuality.

         We are providing full support to the Commission on Youth in its effort to promote and protect the rights and interests of young people.

Key Indicators

• The effectiveness or otherwise of our programme is indicated by changes in people's awareness of their rights and obligations as individuals and changes in their perception of whether these rights are safeguarded.

• A survey commissioned by the EOC in September 1996 shows that 64% of the respondents perceived equality between genders and 35% of the respondents claimed they knew about the establishment of the EOC.
• A survey commissioned by the PCO in early 1997 shows that:
1. 56% of the respondents indicated awareness of the Personal Data (Privacy) Ordinance and over 60% of the respondents were prepared to make use of the new rights to obtain a copy of their personal data from data holders; and
2. 72% of the data users interviewed indicated they had received PCO booklets and pamphlets and 32% had attended a seminar or talk in which the PCO participated.

• A comparison of the above-mentioned results with those of corresponding surveys to be conducted in future will indicate the degree in which we achieve the aims of our programme.

• Since the publication of the Charter for Youth in 1993, about 400 organisations and 2 000 individuals have subscribed.

• Since 1995, eight reports on Hong Kong have been submitted to the United Nations for examination by the relevant Treaty Monitoring Bodies.

New Commitments

1. We will submit a draft report, by end of 1997 to the Central People's Government, on the implementation of the Convention on the Elimination of All Forms of Discrimination Against Women in Hong Kong for onward submission to the United Nations.

2. We will bring the Family Status Discrimination Ordinance, enacted in June 1997, into operation within 1997. The EOC will issue a code of practice in 1998 to help employers comply with the Ordinance.

3. As part of the administrative measures to address discrimination on grounds of race and sexuality, we shall issue codes of practice in order to facilitate self-regulation.

4. We will:

1. promote understanding of the Basic Law, including the rights guaranteed therein, through an enhanced education and publicity programme, including sponsoring projects organised by non-government organisations, territory-wide roving exhibitions, production of multi-media teaching materials and self-learning packages for young people in different age groups and stepping up publicity campaigns in all media; and
2. strengthen our civic education programme with a series of activities which seek to enhance public awareness of a citizen's rights and responsibilities, foster a stronger sense of belonging to Hong Kong as a Special Administrative Region of China and encourage the public to vote in the 1998 Legislative Council elections.

5. In December 1997, we will participate in the second biennial Review of the Implementation of the Charter for Youth to be conducted by the Commission on Youth.

B. Information Policy

Aims

        The aims of the Bureau are:

• to protect and enhance freedom of the press; and

• to provide better access to Government information.

Overview

         The Bureau is committed to maintaining an environment in the HKSAR in which a free and active press can operate under the minimum of regulation. We have reviewed the Laws of Hong Kong to remove provisions which impose unjustified restrictions on press freedom and freedom of expression.

         To enhance public access to government information, we introduced the Code on Access to Information in March 1995 and extended it to the whole of Government in 1996. We have been helping Bureaux and Departments set up their own home pages on the Internet and encouraging them to make more effective use of Internet services to provide information to the public and to obtain feedback.

Key Indicators

         The progress made in enhancing press freedom is indicated by a reduction in the number of ordinances and subsidiary legislation that impose unjustified restrictions. In this regard, 40 provisions in 20 ordinances have been amended or repealed.

         Progress in implementing the Code on Access to Information is indicated by the number of requests for information that have been entertained and the number of visits to home pages of Bureaux and Departments. The Government Home Page (the Government Information Centre) was established in December 1995. As at 31 August 1997, a total of 2 704 requests had been entertained and 1 011 740 visits to its index page had been made.

         Progress in enhancing public access to Government information through the Internet is indicated by the number of Bureaux and Departments that have set up home pages; 65 Bureaux and Departments ?75% ?are now "on-line".

New Commitment

1. Our aim is that all Bureaux and Departments should have home pages on the Internet by the end of 1997. We shall upgrade the quality and user-friendliness of our home pages.

C. District and Community Relations

Aims

         The aims of the Bureau are to ensure that:

• the District Administration Scheme achieves better co-ordination and responsiveness by the Administration at district level, and better understanding at the grassroots level of the Government's policies and programmes;

• the HKSAR remains an integrated and harmonious society, with broad public participation in community affairs and a strong sense of commitment to the well-being of the community;

• the quality of the management of private multi-storey residential, commercial and industrial buildings is improved through a range of services to owners, residents and property management bodies;

• HKSAR's hotels, guesthouses, clubs and bedspace apartments meet the statutory fire and building safety requirements; and

• the local environment is improved by implementing various minor works projects.

Overview

District Administration

         We advise and assist Government Bureaux and Departments in their consultations with the Provisional District Boards and other district organisations as appropriate on territory-wide and district issues. In so doing, we ensure that public views on important issues are taken account of in the policy-making process.

         We shall assist in electoral matters related to elections of the Legislative Council, Municipal Councils and District Boards.

Community Building

         We maintain an extensive liaison network with local residents and community organisations. Through regular visits and organisation of community projects, we help promote public understanding of government policies. We also encourage public participation in various activities targeted at promoting community welfare and in the fight against crime.

         We liaise with Bureaux, Departments and service providers to identify the problems and needs of new arrivals and to implement measures to integrate them into the community. We have compiled a service handbook for new arrivals to inform them of the various services available to them.

Building Management

         We assist residents in formation of Mutual Aid Committees and Owners' Corporations to improve the management of their buildings and to act as focal points for residents to take part in community activities.

         We assist residents in formation of Mutual Aid Committees and Owners' Corporations to improve the management of their buildings and to act as focal points for residents to take part in community activities.

Fire and Building Safety

         Fire and building safety requirements for hotels, guesthouses, clubs and bedspace apartments are being enforced through statutory licensing schemes. Since l April 1997, all clubs covered by the Clubs (Safety of Premises) Ordinance have been required to obtain Certificates of Compliance. Meanwhile, we have introduced in phases the licensing scheme for hotels and guesthouses. By 1 July 1998, all these establishments will have to comply fully with the requisite fire and building safety standards before they would be allowed to operate. The statutory licensing requirement for bedspace apartments will also come into force on 2 July 1998.

Local Environment

         We will continue to improve the local environment by implementing the Rural Planning and Improvement Strategy (RPIS) (Minor Works) programme, and to carry out more district-based minor environmental improvement projects.

Key Indicators

         In 1996-97,

• District Boards were consulted on 441 territory-wide issues and 2 076 district issues;

• a total of 6 685 district campaigns and community involvement projects were organised;

• 100 000 copies of the service handbook for new arrivals were distributed;

• 95 new Mutual Aid Committees and 175 new Owners' Corporations were formed, bringing the totals to 3 967 and 4 793 respectively;

• 56 building management seminars/training courses/talks were held;

• 393 tourist guesthouses and 113 local person guesthouses were licensed;

• 176 RPIS (Minor Works) projects at a total value $201.5 million were carried out; and

• 1 189 Minor Environmental Improvement projects at a total value of $81 million were carried out.

New Commitments

         In 1998,

1. We will set up on a pilot basis one Building Management Resource Centre to provide information, services and professional advice to building owners, residents and management bodies so as to assist them in improving the standards of management, safety and maintenance of their buildings. The Centre will also advise on the formation and operation of Owners' Corporations.

2. We will continue to identify suitable sites and redevelop them into singleton hostels with a view to offering accommodation for some 2 000 bedspace apartment lodgers by phases. As a start, accommodation for 800 bedspace apartment lodgers will be made available before the end of 1998.

3. We will try to register as many eligible permanent residents as voters for the Legislative Council election in 1998 as possible and to encourage all registered voters to turn out at the election.

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Into the 21st Century

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Chapter I: General Principles

Article 4

         The Hong Kong Special Administrative Region shall safeguard the rights and freedoms of the residents of the Hong Kong Special Administrative Region and of other persons in the Region in accordance with law.

Article 6

         The Hong Kong Special Administrative Region shall protect the right of private ownership of property in accordance with law.

Chapter III: Fundamental Rights and Duties of the Residents

Article 25

         All Hong Kong residents shall be equal before the law.

Article 27

         Hong Kong residents shall have freedom of speech, of the press and of publication; freedom of association, of assembly, of procession and of demonstration; and the right and freedom to form and join trade unions, and to strike.

Article 28

         The freedom of the person of Hong Kong residents shall be inviolable.

         ......

Article 29

         The homes and other premises of Hong Kong residents shall be inviolable. Arbitrary or unlawful search of, or intrusion into, a resident's home or other premises shall be prohibited.

Article 30

         The freedom and privacy of communication of Hong Kong residents shall be protected by law. No department or individual may, on any grounds, infringe upon the freedom and privacy of communication of residents except that the relevant authorities may inspect communication in accordance with legal procedures to meet the needs of public security or of investigation into criminal offences.

Article 31

         Hong Kong residents shall have freedom of movement within the Hong Kong Special Administrative Region and freedom of emigration to other countries and regions. They shall have freedom to travel and to enter or leave the Region. Unless restrained by law, holders of valid travel documents shall be free to leave the Region without special authorization.

Article 32

         Hong Kong residents shall have freedom of conscience.

         Hong Kong residents shall have freedom of religious belief and freedom to preach and to conduct and participate in religious activities in public.

Article 33

         Hong Kong residents shall have freedom of choice of occupation.

Article 34

         Hong Kong residents shall have freedom to engage in academic research, literary and artistic creation, and other cultural activities.

Article 35

         Hong Kong residents shall have the right to confidential legal advice, access to the courts, choice of lawyers for timely protection of their lawful rights and interests or for representation in the courts, and to judicial remedies.

         Hong Kong residents shall have the right to institute legal proceedings in the courts against the acts of the executive authorities and their personnel.

Article 36

         Hong Kong residents shall have the right to social welfare in accordance with law. The welfare benefits and retirement security of the labour force shall be protected by law.

Article 37

         The freedom of marriage of Hong Kong residents and their right to raise a family freely shall be protected by law.

Article 38

         Hong Kong residents shall enjoy the other rights and freedoms safeguarded by the laws of the Hong Kong Special Administrative Region.

Article 39

         The provisions of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and international labour conventions as applied to Hong Kong shall remain in force and shall be implemented through the laws of the Hong Kong Special Administration Region.

         The rights and freedoms enjoyed by Hong Kong residents shall not be restricted unless as prescribed by law. Such restrictions shall not contravene the provisions of the preceding paragraph of this Article.

Article 40

         The lawful traditional rights and interests of the indigenous inhabitants of the "New Territories" shall be protected by the Hong Kong Special Administrative Region.

Article 41

         Persons in the Hong Kong Special Administrative Region other than Hong Kong residents shall, in accordance with law, enjoy the rights and freedoms of Hong Kong residents prescribed in this Chapter.

Chapter IV : Political Structure

Section 2 : The Executive Authorities

Article 65

         The previous system of establishing advisory bodies by the executive authorities shall be maintained.

Section 5: District Organizations

Article 97

         District organizations which are not organs of political power may be established in the Hong Kong Special Administrative Region, to be consulted by the Government of the Region on district administration and other affairs, or to be responsible for providing services in such fields as culture, recreation and environmental sanitation.

Article 98

         The powers and functions of the district organizations and the method for their formation shall be prescribed by law.

Chapter V: Economy

Section 2: Land Leases

Article 122

         In the case of old schedule lots, village lots, small houses and similar rural holdings, where the property was on 30 June 1984 held by, or, in the case of small houses granted after that date, where the property is granted to, a lessee descended through the male line from a person who was in 1898 a resident of an established village in Hong Kong, the previous rent shall remain unchanged so long as the property is held by that lessee or by one of his lawful successors in the male line.

Chapter VI: Education, Science, Culture, Sports, Religion, Labour and Social Services

Article 137

         ......

         Students shall enjoy freedom of choice of educational institutions and freedom to pursue their education outside the Hong Kong Special Administrative Region.

Article 141

         The Government of the Hong Kong Special Administrative Region shall not restrict the freedom of religious belief, interfere in the internal affairs of religious organizations or restrict religious activities which do no contravene the laws of the Region.

         Religious organizations shall, in accordance with law, enjoy the rights to acquire, use, dispose of and inherit property and the right to receive financial assistance. Their previous property rights and interests shall be maintained and protected.

Article 144

         The Government of the Hong Kong Special Administrative Region shall maintain the policy previously practised in Hong Kong in respect of subventions for non-governmental organizations in fields such as education, medicine and health, culture, art, recreation, sports, social welfare and social work. Staff members previously serving in subvented organizations in Hong Kong may remain in their employment in accordance with the previous system.

Note

         In addition, all Bureaux/Departments, as well as Department of Justice, Office of the Judiciary Administrator, Independent Commission Against Corruption and the Administration Wing of the Chief Secretary for Administration's Office, have joint responsibility for the implementation of the following articles:

Articles 11 (first paragraph), 16, 56 (second paragraph), 62(1) and (2), 64, 142, 148, 149, 150, 151, 152, and 153.

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Policy Programme