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BMF Midpoint Review

High Level Midpoint Review of the Asian/Pacific Decade of Disabled Persons, 19-21 September 2007, Bangkok, Thailand

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Materials : Country Paper :

Report on the Implementation of the
Biwako Millennium Framework for Action towards an Inclusive, Barrier-free and Rights-based Society for Persons with Disabilities in Asia and the Pacific (BMF) in Hong Kong, China

Labour and Welfare Bureau
HKSAR Government
July 2007

Content

Introduction
Section I National Commitment for Disability Matters
Section II Mainstreaming of Disability Issues in Policy
Section III Legislation
Section IV Disability Statistics available for Planning Purpose
Section V BMF Priority Areas
(A) Self-help Organizations of Persons with Disabilities and related Family and Parents Associations
(B) Women with Disabilities
(C) Early Detection, Early Intervention and Education
(D) Training and Employment
(E) Access to Built Environment and Public Transport
(F) Access to Information and Communication Technologies
(G) Poverty Alleviation
Annex A Division of responsibilities on Rehabilitation Policy and Services
Annex B Completed Questionnaire on the Mid-point Review of the Implementation of the BMF

Introduction

Hong Kong's overall policy objective for rehabilitation is to promote integration and provide such comprehensive and effective measures as are necessary for the prevention of disability, the development of the physical, mental and social capabilities of persons with disabilities, and the realization of a physical and social environment conducive to meeting the goals of full participation of persons with disabilities in social life and development, and of equalization of opportunities.

Steered by this policy objective, the rights of persons with disabilities are safeguarded in Hong Kong through the formulation and implementation of effective measures.

This paper reports on the implementation of the BMF in Hong Kong during the 5 years from 2003 to 2007.

Section I: National Commitment for Disability Matters

1. The Hong Kong Special Administrative Region (HKSAR) Government has put in place an executive structure to co-ordinate the formulation of policies and provision of services for persons with disabilities.

2. The Rehabilitation Advisory Committee (RAC) is the principal advisory body of the HKSAR Government on matters pertaining to rehabilitation. It advises the government on important policies and services concerning persons with disabilities. There are four sub-committees under the auspices of RAC to deal with access, employment, public education and arts and culture. The RAC and its four sub-committees have a wide representation from government, public bodies, non-governmental organizations (NGOs), persons with disabilities, parents organizations, self-help groups and local personalities.

3. The Rehabilitation Programme Plan (RPP) sets out the HKSAR Government's plan on the future direction on rehabilitation services for persons with disabilities to facilitate their integration into the community. The plan is reviewed and updated regularly and involves extensive consultation with all stakeholders. The last issue of RPP was published in 1999. A review of the RPP was conducted in March 2005 to mid 2007 to set out strategic directions for future development of rehabilitation services in Hong Kong. The RPP review has just been completed.

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Section II: Mainstreaming of Disability Issues in Policy

4. The Commissioner for Rehabilitation is responsible to the Secretary for Labour and Welfare for the formulation of overall policy on rehabilitation, and for co-ordinating the planning and allocation of resources for provision of rehabilitation services by government bureaux/departments and NGOs.

5. At the service delivery level, a number of government bureaux/departments take the responsibility to provide rehabilitative services to persons with disabilities. Working with financial grants from the government, public bodies and NGOs also provide rehabilitative services to persons with disabilities. The diagram at Annex A gives a snapshot on the division of responsibilities in respect of rehabilitation policies and services within the public and non-governmental sector.

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Section III: Legislation

International Covenants

6. A number of international covenant on the protection of human rights are applicable to the HKSAR, including the International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The HKSAR government vows to take all appropriate means, individually and through international collaborations to achieving the full realization of the rights recognized in these international conventions, including particularly the adoption of legislative measures.

Domestic Legislation

7. Laws in the HKSAR are made for and are applicable to all residents and other persons in the HKSAR. However, recognising the special needs of persons with disabilities and for the protection of their rights and interests, specific legislation has been enacted. The legislative framework for the protection of rights and opportunities of persons with disabilities in HKSAR includes -

  1. Basic Law
    Safeguard the fundamental rights and freedoms of residents
  2. Disability Discrimination Ordinance (DDO)
    Ensure equal opportunities for persons with disabilities so as to facilitate their integration into the community
  3. Mental Health Ordinance
    Provide legal safeguards for mentally disordered and mentally handicapped persons as well as their carers
  4. Buildings Ordinance
    Prescribe design requirements so as to ensure buildings are accessible to persons with disabilities

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Section IV: Disability Statistics available for Planning Purpose

8. The Census and Statistics Department (C&SD) conducted the first survey in 2000 on the characteristics of persons with disabilities and persons with chronic diseases in Hong Kong. The survey findings were published in the Special Topics Report No. 28 – Persons with disabilities and chronic diseases in August 2001.

9. C&SD is conducting a new survey (October 2006 – December 2007) to update the 2000 survey findings. The objectives of the new survey are to estimate the total number and prevalence rate of persons with selected types of disability and chronic diseases; to furnish information on the demographic and socio-economic profiles of persons with disabilities and chronic diseases; and to collect information about the carers of those persons with disabilities and chronic diseases. The summary findings will be published in 2008.

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Section V: BMF Priority Areas

(A) Self-help Organizations of Persons with Disabilities (SHO) and Related Family and Parents Association

10. The policy of the HKSAR Government on promoting the development of SHO aims at promoting the spirit of self-help and mutual help among persons with disabilities and their families/carers, and encouraging the active participation of persons with disabilities and self-help organisations in the formulation of rehabilitation policies so as to ensure that planned services are tailored to meet the special needs of persons with disabilities.

11. At present, persons with disabilities or their carers are appointed to the RAC and its subcommittees in their personal capacity. In addition, they are involved in the working group for the drafting of the RPP. Persons with disabilities also participate in advisory committees under the purviews of various Government bureaux and departments on matters relating to transport, building access, vocational training, etc either in their personal capacity or as a representative of a self-help organisation.

12. On the other hand, the Social Welfare Department (SWD) gives financial support to SHO for their activities and programmes and professional advice for the setting up of SHO. Up to now, over 70 SHO are registered in the regular contact list of SWD. SWD also renders support and gives its endorsement of SHO's application for public housing flats which would be used as their offices or activity centres.

(B) Women with Disabilities

13. The DDO seeks to ensure equal opportunities for persons with disabilities, including both women and men, to facilitate their integration into the community to the fullest extent possible. Under this Ordinance, it is unlawful to discriminate against or harass a person on grounds of his/her disabilities in the areas of education, employment, access to premises, provision of goods and services, etc.

14. Along the principle of equal opportunities, our rehabilitation services provides a full spectrum of services and facilities catering for the special needs of women with disabilities, on par with their male counterparts. These services and facilities include: accessible transport and physical environment; preventive and early identification measures; education; vocational training and employment services; community support and carer empowerment; social rehabilitation; and medical rehabilitation.

15. Under the purview of the Department of Health (DH), there are a total of 31 Maternal and Child Health Centres (MCHCs) and three Women Health Centres (WHCs) all over the territory providing a wide range of preventive, early identification and medical services to cater for the special needs of women, including those with disabilities. The DH has put in efforts to provide accessible facilities in all MCHCs and WHCs.

16. To facilitate women with walking disabilities to join the Cervical Screening Programme, the DH has in December 2005 procured a gynaecological examination couch specifically designed for them. To encourage women with disabilities to conduct cervical screening test, the DH arranged health talk on "Prevention of Cervical Cancers" for the Hong Kong Association of Women with Disabilities and special sessions for members of the Association to conduct cervical screening tests.

(C) Early Detection, Early Intervention and Education

Early Detection

17. In HKSAR, a comprehensive range of health promotion and disease prevention services are provided for babies and young children from birth to five years of age in MCHCs through an integrated child health and development programme. Anticipatory guidance on childcare and parenting are provided for parents and caregivers. Immunisation, as well as health and developmental surveillance including physical examination, growth, and developmental monitoring, and hearing and vision screening are offered to babies and children at the centres.

18. The Child Assessment Services of the DH serve children who are under 12 years of age with developmental-behavioural problems or disorders, particularly complex cases requiring multidisciplinary team join effort and expertise. The service provided includes comprehensive diagnostic evaluation, rehabilitation prescription, interim child and family support as well as review evaluation at critical developmental transition points.

Early Intervention

19. Early Education and Training Centres, Special Child Care Centres and Integrated Programmes in regular pre-schools are available for disabled children of various severity aged between 2 and 6 years old. These pre-school training services aim to provide them with early intervention to enhance their physical, psychological and social developments, thereby improving their opportunities for participating in ordinary schools and daily life activities and helping their families meet their special needs. In 2006-07, we provide 5 354 pre-school places for children with disabilities. The provision has increased by 15% over the past five years.

Education

20. All children who are residents of Hong Kong, including those with disabilities are entitled to nine years' free and universal basic education up to junior secondary level. Students with disabilities can choose to study in mainstream schools or in special schools.

21. Under the ‘Integrated Education' policy, students with disabilities are provided with ample opportunities to study in mainstream schools. The Education Bureau has earmarked resources to provide support and assistance to schools and training to teachers in meeting the special needs of students with disabilities. Schools are encouraged to establish an integration policy and create an inclusive environment to mobilize school personnel to support students with special educational needs.

22. Students with disabilities can pursue post-secondary education along side their peers. Tertiary institutions in Hong Kong adopt an open and equitable admission mechanism providing equal opportunities to students with disabilities. With effect from 1997, a sub-system has been set up under the Joint University Programmes Admission System (JUPAS) for applicants with disabilities. The sub-system, on the one hand, enhances disabled applicants' chances of being admitted as their applications are considered separately; on the other hand, it also helps universities to identify those applicants with disabilities so that they can provide them with necessary assistance and advice at an early stage. Disabled applicants, regardless of whether they have secured a place through the sub-system, are still eligible to compete with able-bodied applicants under the JUPAS.

(D) Training and Employment

23. In 1997, the Equal Opportunities Commission (EOC) issued a "Code of Practice on Employment" in accordance with the DDO. This Code is designed to help employees with a disability, their colleagues, employers and other concerned parties understand their responsibilities under the DDO. The Code also provides guidance on the procedures and systems that can help to prevent disability discrimination and to deal with unlawful acts in employment.

24. Through the Skill Centres run by the Vocational Training Council, we provide 660 full time and 360 part time vocational training places for persons with disabilities in 2006/07.

25. With subvention from the Government, NGOs operate Sheltered Workshop (SW), Supported Employment (SE), Integrated Vocational Rehabilitation Services (IVRS) and Integrated Vocational Training Services (IVTC) for persons with disabilities,. The objective is to enhance their empolyability and encourage their self-reliance. In 2006/07, there are 5 273 SW places, 1 655 SE places, 3 181 IVRS places and 453 IVTC places for persons with disabilities.

26. In 2001, the SWD set up a "Marketing Consultancy Office" on a permanent basis, enhancing the employment opportunities for persons with disabilities through innovative, effective and efficient business development and marketing approaches and by working in close collaboration with NGOs and business sector organizations. We have also since the year of 2001 implemented a series of thematic programmes to assist persons with disabilities in finding employment and encourage employers to recruit persons with disabilities. These programmes include On-the-job Training Programme for People with Disabilities, Sunnyway On-the-job Training Programme for Young People with Disabilities, "Enhancing Employment of People with Disabilities through Small Enterprise" Project, the Trial Placement cum Mentor Scheme for People with Disabilities, and Enlightened Employers Award and Outstanding Disabled Employees Award.

27. The HKSAR Government leads by example in providing employment opportunities for persons with disabilities in the civil service. The guiding principle is that candidates with disabilities, if found suitable for particular vacancies, are given preference over other applicants in recruitment exercises. In 2006, there were over 3 200 civil servants with disabilities, representing about 2% of the total strength of the civil service.

28. The Selective Placement Division of the Labour Department has provided free recruitment services to employers and free employment assistance to job seekers with a disability. The objective is to assist persons with a disability to secure jobs in the open market that best suit their abilities, skills and qualifications and experience, with the ultimate aim of integrating them into the community and helping them to be financially independent. In 2006, the Labour Department succeeded in helping 2 493 persons with disabilities to secure employment.

(E) Access to Built Environment and Public Transport

29. Under the Buildings Ordinance, new buildings and existing buildings under major alteration are required to provide proper access and facilities to persons with disabiltiies. In 1997, we introduced the "Design Manual Barrier Free Access 1997" (DM97) setting out the design requirements for providing proper access to and appropriate facilities in a building for persons with disabilities.

30. Both the Government and public transport operators are committed to improving the accessibility of various public transport facilities to persons with disabilities. A "Working Group on Access to Public Transport by People with Disabilities" was set up in 1993 to regularly monitor the implementation of the programme. Members comprise Government officials, public transport operators, and representatives of disability groups. Over the past few years, substantial improvements have been achieved in introducing ‘barrier-free' facilities provided by trains, trams, buses, taxis, public light buses and ferries. A phased programme is being implemented by franchised bus operators to ensure that all new buses are accessible to persons with disabilities.

31. A package of measures has been implemented in recent years to further enhance accessibility for persons with disabilities. These include a comprehensive review of the DM97, the provision of drop kerbs at all road crossings, the installation of audible signals in all traffic lights at pedestrian crossings, and the implementation of the "Transport for All" policy to steer the development of barrier-free public transport facilities.

(F) Access to Information and Communication Technologies (ICT)

32. Since 2000, the Government has launched a series of measures to promote access to and use of ICT by persons with disabilities. Under these initiatives, 717 computers have been installed in rehabilitation units to provide free internet access and general computer training, benefiting 15 000 persons with disabilities. ICT awareness training courses have been provided to more than 4 500 persons with disabilities. Special facilities for visually impaired persons, such as Power Braille, Braille printers and voice synthesizers are made available at designated cyber points in the community. In addition, in collaboration with the ICT industry and relevant NGOs, we have developed a set of web accessibility guidelines with reference to international standards to facilitate the access of the blind and the visually impaired. The guidelines have been enforced in all Government websites since 2002. We have also encouraged government-related organisations to adopt the guidelines and collaborated with ICT professionals to promote its adoption in private sector websites.

33. A special portal website, www.CyberAble.net, was launched in October 2002. It provides searchable databases on rehabilitation services and barrier-free access, activity news, tips of living for persons with disabilities and their carers, local publications and researches on disability, platform for discussion and sharing among persons with disabilities and their carers. The website is in compliance with the World-wide Web Consortium (W3C) web accessibility guidelines and additional features like customized colour schemes and shortcut keys are also included to facilitate the visually impaired persons and spastics/cerebral palsy persons.

34. We have also since the year 2001 implemented three special schemes on use of IT by persons with disabilities namely: (a) Central Fund for Personal Computers; (b) Jockey Club IT Scheme for People with Visual Impairment; and (c) IT Support Scheme for People with Severe Disabilities. These three schemes, each with its specific target disability group and of different sources of funding, serve to equip persons with disabilities in need with the necessary equipment for access to the information world.

(G) Poverty Alleviation

35. To meet their special needs arising from disabilities, persons with disabilities are eligible for non-means tested Disability Allowance (DA). DA is non-contributory and non-means tested, severely disabled persons who suffer from a 100% loss of earning capacity are eligible for Normal DA (HK$1,140 or US$146 per month). For severely disabled persons who require constant attendance from others in their daily life but are not receiving such care in a government or subvented institution or a medical institution under the Hospital Authority, they are eligible for Higher DA (HK$2,280 or US$292 per month).

36. For persons with disabilities with long-term financial difficulties, they can apply for Comprehensive Social Security Assistance (CSSA). The CSSA Scheme designed to bring the income of such individuals and families up to a prescribed level to meet their basic needs. The Scheme is non-contributory but means-tested.

Labour and Welfare Bureau
HKSAR Government
July 2007

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