SUMMARY

As a coalition of Hong Kong human rights groups, the Hong Kong Human Rights Commission considers it a paramount priority to present independent and reliable information to members of the United Nations Committee, underthe Convention Against Torture and Against Torture for their consideration of the Other Cruel, Inhuman or Degrading Treatment or Punishment in Hong Kong.

This is the initial report and also the last to be submitted by the British Government because before 1997. On July 1, 1997, the responsibility of submitting reports passes to the People's Republic of China. Although Chinais also a signatory state of the Convention, the arrangement of reporting under China after 1997 is still unknown. Since Hong Kong will become part of the territory of China, and will be recognized by the international community as such, it is our opinion that China has the responsibility of submitting reports to the Committee, which will include Hong Kong. We call on the Committee to pay attention to the continue applicability of CAT on Hong Kong.

At present, we also call on the Committee to urge the British Government to improve the human rights situation in Hong Kong and to enact laws to prevent torture and inhuman treatment. The future government must not inherit the repressive powers of the law enforcement agencies or to use such powers as means of intensifying human rights violations after 1997.

EXECUTIVE SUMMARY

1. The Crime (Torture) Ordinance of Hong Kong is a much limited
piece of legislation when compared with the definition of torture in article1 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. As such no case has been recorded under this ordinance does not mean that no torture take place in Hong Kong.(see ch. 1, para.4-6)

2. The Police Force often makes use of its power to inflict inhuman treatment on the marginal groups of the society including street-sleepers, youngsters living in new towns who mostly belongs to the lower class of the society. Moreover, some citizens are assaulted by the police because they refuse to provide ID card after being rudely requested by police officers to do so. However, police conducts more than three million times ID checks per year and it is not uncommon for innocent citizens to suffer from police abuse.
(see ch.2, para. 4-13)

3. The existing complaints mechanism against police and other law enforcement department is not independent. Complaints Against Police Office (CAPO) is an example of a situation where all cases are investigated by police officers. The officers are often biased and reflect defensive attitudes. Sometimes they even persuade complainants to withdraw their cases. Thus, victims cannot achieve justice through such a mechanism.(see ch.2, para.17-33)

4. The existing laws empower the police with excessive powers. Thus such powers can be easily abused by the police officers and may lead to unnecessary violence towards ordinary citizens.(see ch.2, para.34-37)

5. Social problems like sexual abuse and gang problems exist in the detention centres for the Vietnamese making it highly insecure for women and children to live in. They have to face violence and degrading treatment under such an environment.(see ch.3,para. 3-5)

6. Some Vietnamese asylum seekers who have been screened as non-refugees may face the danger of forced repatriation and face persecution in Vietnamdue to a flawed screening procedure.(see ch.3,
para. 7-11)

7. Violence is not uncommon during camp operation such as repatriation and camp removal actions. This is shown explicitly in the 4 April 94 Whitehead Incident and 19 & 20 May 95 Whitehead Incident. Hundreds and thousands of tear-gas canisters were used to remove a small number of Vietnamese asylum-seekers. This resulted in injuries that were especially serious to women and children. However, they are unable to get compensation.(see ch.3, para.12-22)

8. Sexual assault is becoming more and more serious in Hong Kong. From1989 to 1993, the average number of reported crimes relating to sexual assault, including rape, indecent assault, and other sexual offenses, was 2,291 every year. The figures are higher than the average number -- 1,938 cases --in the previous five-year.(see ch. 4, para.3-4)

9. Very few of the police force have been trained to handle sexual assault cases and the quality and quantity of training is not satisfactory. Also the criminal justice system of Hong Kong is biased against female victims. Presently judges must tell juries that they must treat the evidence ofthe victim with "extreme caution", that victims have been known to lie in court and to "indulge in fantasy, spite or malice".(see ch. 4, para. 5-11)

10. In recent years, the number of domestic abuse cases has been constantly increasing. A police survey conducted from June to August 1994 revealed that 473 domestic abuse cases were reported, including 11 suicide attempts by battered women. The police often treat domestic violence cases as trivial family matters. Many battered wives do not report to the
police for help.(see ch.4, para. 12)

11. Hong Kong still does not recognize rape in marriage as a crime. In other words, women in the territory still lack protection from violent and abusive husbands who regard sex as their right. In addition, appropriate training on domestic violence and marital rape is extremely insufficient for the police.(see ch. 4, para.13-15)