Hong Kong Human Rights Monitor

HKHRM is active in observing the operation of government departments.

In the past, the HKHRM has held campaigns for improvements of the police complaint system, and even more in depth issues such as requesting an independent inquiry for Lee Shing Tat's victim case.

During the World Trade Organization Hong Kong Ministerial Conference 2005, there were many anti World Trade Organization demonstrations. HKHRM sent four members to observe the way Hong Kong Police handled the demonstrators. HKHRM Director Mr Law Yuk Kai claimed that the demonstrators were highly controlled but the police has over-reacted and lacked flexibility. He suggested more communication between the police and the demonstrators so as to lower the chance of misunderstanding.

Prior to the Legislative Council Election in 2004, HKHRM set up the “Election Administration Irregularities Report Hotline” to collect reports about election irregularities from the general public. They received over 15 calls from presiding officers, polling officers, voters and election representatives. Complaints included harsh condition for polling officers, unprofessional handling of votes and promotional activities in non-canvassing areas. Some election representatives reported that the process of ballot boxes sealing and vote counting could not be observed. As a reaction to the complaints, HKHRM urged Electoral Affairs Commission to investigate the reported issues.[1]

HKHRM sometimes co-operates with international organisations in promoting human rights and observing the human rights condition in Hong Kong. When the Alliance for Reform and Democracy in Asia (ARDA) visited Hong Kong for a pre-election assessment in August 2004, the Monitor helped them organise meetings with representatives from different parties and sectors in Hong Kong. On 3 August, the Monitor and ARDA co-organized a press conference and briefing session in the Monitor’s Office to talk about the operation of the Electoral Affairs Commission (EAC) and the political and legal condition of Hong Kong. On the next day, ARDA and HKHRM met with the EAC together to scrutinise the election arrangements for the election in September.[2]

HKHRM regularly carries out investigations and generates reports about issues that are closely linked to human right issues.

Formerly, the HKHRM has also conducted reviews on issues such as the Hong Kong immigration law and the Hong Kong legal aid system and practice.

In July 2006, HKHRM submitted the second periodic report on the HKSAR of the People’s Republic of China in light of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) to the United Nations. The report provides a background of the general political structure in Hong Kong and gives an overview of women's substantive rights in Hong Kong. It discusses issues like equality in employment and labour rights, domestic violence in ethnic minority families and split families and right of abode.[3]

In 2000, HKHRM interviewed staff and residents in eight children's homes run by Social Welfare Department and obtained its findings from unannounced visits. Then, the Monitor presented press reports claiming that little has been done to improve the service of children’s home since a study in the early 1980s. Although the Department has reservations on some of the investigations and criticisms of the Monitor, the Department has planned further improvement measures for the two areas which the Monitor has commented, i.e. education service for residents and training for staff.[4]

In February 1999, HKHRM submitted a report in respect of the HKSAR's initial report on herself under Article 18 of the Convention on the Elimination of All Forms of Discrimination Against Women. The report concerns many aspects of women's substantive rights including politics and female participation, education, welfare system, employment and health of women.[5]

HKHRM frequently meets with government officials and international organisations.

In the past, the HKHRM has called for human rights awareness using various resources and by contacting diverse and highly posted authorities concerned with human rights. In dealing with international organisations such as the United Nations, the HKHRM submitted reports calling for the UK and Hong Kong governments to refer to the treaties in which there is mention of certain territories whom should qualify to fall under international human rights.

In terms of the Hong Kong authoritative sphere, Monitor members have previously met with the Chief Executive of Hong Kong (Donald Tsang) and Governor to discuss a re-examination of police interrogation and complaint procedures.

In 2005, HKHRM formed a four-person delegation to the 34th session of the United Nations Committee on Economic, Social and Cultural Rights (CESCR) held in the United Nations Headquarters in Geneva. Together with other non-government organisations, HKHRM attended the hearing of China's report submitted in accordance with the International Covenant on Economic, Social and Cultural Rights. During the hearing, it expressed strong opposition to the exclusion of mainland Chinese new immigrants from the government's proposed Racial Discrimination Act. Besides, members elaborated their concern on issues such as the obstruction to democratic progress, polarisation of rich and poor and the slow progress of legislation against age discrimination and sexual orientation discrimination.[6]

In 2002, HKHRM Director Mr Law Yuk Kai and the Democratic Party Chairperson Lee Chu Ming went on a one-week visit to the United States. They had meetings with a number of government officials and some non-governmental organisations. In the meetings, they explained the Article 23 legislation and its impact on the life and human rights of Hong Kong citizens. The media and government officials expressed understanding and concerns on the anxiety of the Hong Kong public. [7]

The organisation also caught global attention as it joined the United Nations Human Rights Committee hearing in Geneva in 1999. This involvement will certainly help the organisation to learn more about the international context of human rights in Hong Kong and to gain further recognition from the local government.

In 1998, members of HKHRM met Tung Chee Hwa, the Chief Executive, and expressed their views on the issues of racial equality, the immigration appeal system, police monitoring and the pace of democratisation.[8] Government support is received by the HKHRM after the meeting. The government shows its concern to the organisation and stresses its importance in Hong Kong.[9]

HKHRM is constantly invited to organise workshops and give talks to promote human rights.

In Hong Kong, many different communities in the society associate with and work together to hold some activities for the Human Rights Day every year since the United Nations adopted The Universal Declarion of Human Rights and set the date of 10 December as the International Human Rights Day in 1948. HKHRM is one of the communities which helps in the Human Rights Day.

In 2005, the Faculty of Law of the University of Hong Kong joint hands with HKHRM to present a talk entitled Sexual Orientation and Human Rights in Hong Kong.[10]

In March 2005, on the Teachers Professional Training Day organised by the Professional Teachers Union, HKHRM delivered a talk to a group of 40 teachers about the need for human rights education. It also introduced the Monitor’s work in the education of human rights.[11]

In 2005, HKHRM organised three street forums in Siu Sai Wan, Causeway Bay and Tseuk Kwan O for community education and as an effort to request for the abolition of the functional constituencies. Academics and Legislative Councilors were invited to explain to the public why the functional constituencies cannot guarantee a fair and just political system.[12]

In 2004, HKHRM cooperated with The Hong Kong Council of Social Service and Oxfam Hong Kong and organised a workshop for social service practitioners called Workshop on Basic Concepts on Legislating Against Racial Discrimination.[13]

According to the HKHRM Director Law Yuk Kai, in 2003, a member with "concept different from the Monitor's" tried to allow tens of people join the Monitor just before the election of its chairperson and vice-chairperson. That member hoped to change the leading group by having people on his/her side taking part in the election and voting in it. However, their application for membership was rejected. According to the then chairperson, some senior members "succeeded in sticking to the Monitor's regulations" and claimed that those tens of people could not join the Monitor because they had not elaborately communicated with the Director Mr Law. Consequently, that member "with different concept" also left the Monitor.[15] Those “regulations” can neither be found in the Monitor’s homepage nor their membership application form. According to the Monitor’s homepage, to join the Monitor, a person needs only to pay $100 and complete the application form. Besides, “the one essential qualification for membership is a genuine commitment to human rights and the rule of law” and “members... are free to take as much or as little part in the Monitor's activities”. It does not state that people have to contact the Director before they apply for membership. Neither has it given any definition for “genuine commitment to human rights and the rule of law”.