Disability-Sensitive Policy Design And Evaluation For
Sustainable Livelihoods For All In The Twenty-First Century: Hong Kong Experience in a
Changing Regional Context
Joseph Kwok
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SECTION THREE
LEGISLATION FOR PEOPLE WITH DISABILITIES
Major legislation that is of special concern to people with disabilities in Hong Kong
is briefly described below.
CONSTITUTIONAL LAW: THE BASIC LAW OF THE HKSAR
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic
of China is a constitutional document. It stipulates the rights and freedoms enjoyed by
all people in Hong Kong. It also stipulates that International Covenant on Civil and
Political Rights, the International Covenant on Economic, Social and Cultural Rights and
international labour conventions are applicable to the HKSAR.
Laws with Special Provisions for PWD
Disability Discrimination Ordinance (Cap. 487)
Under this Ordinance, it is unlawful to discriminate against or harass people with
disabilities and their associates in a range of areas, including employment fields. The
Equal Opportunities Commission, an independent statutory body, enforces this Ordinance.
Inland Revenue Ordinance (Cap. 112)
This Ordinance provides that a taxpayer may claim a Disabled Dependent Allowance for
maintaining a disabled dependant. In 1998-99, the rate is HK$60,000 (US$770).
Crimes Ordinance (Cap. 200)
This Ordinance offers special protection to mentally disordered and mentally
handicapped persons form sexual offences.
Criminal Procedure Ordinance (Cap. 221)
Under this Ordinance, special rules and procedures are designed to protect mentally
disordered and mentally handicapped persons in criminal proceedings involving them as
victims or suspects of a crime. For example they can give evidence by way of a live
television or a video recording to reduce the possible trauma,.
Legislative Council Ordinance (Cap. 542)
Like all other permanent Hong Kong residents, PWD enjoy the right to vote and the right
to stand for election except as otherwise provided under the Ordinance.
Mental Health Ordinance (Cap. 136)
The Ordinance has the following provisions for a person with mental disorder or mental
handicap that affects his/her mental capacity: management of property and affairs;
reception, detention and treatment in mental hospitals, guardianship, and consent to
medical and dental treatment. Guardians appointed under the Ordinance may be empowered to
make important decisions affecting the daily life of mentally disordered or mentally
handicapped persons.
Buildings Ordinance (Cap. 123)
The Building (Planning) Regulations under this Ordinance, together with the
supplementary Design Manual, ensure a barrier-free environment, and apply to private
buildings, e.g. composite building, domestic building, public entertainment and hotels.
Motor Vehicles (First Registration Tax) Ordinance (Cap. 330)
Under the Ordinance, a PWD has considerable difficulty in walking, does not have to pay
first registration tax on the first HK$300,000 of the taxable value of his motor vehicle
provided that he is fit to drive that vehicle.
Road Traffic Ordinance (Cap. 374)
Under the Ordinance, a PWD may be exempted from a range of fees, e.g. learner's driving
license fee, driving license fee, and annual vehicle license fee.
Legislation Applicable To All People And With Special Relevance To Pwd
Education Ordinance (Cap. 279)
Under the Ordnance, children aged 6 to 15, are required to attend school to receive
free education.
Employment Ordinance (Cap. 57)
This Ordinance protects the wages of employees, and regulates general conditions of
employment and other related areas.
Occupational Safety and Health Ordinance (Cap. 509)
The Ordinance ensure the safety and health of persons at work.
Employees' Compensation Ordinance (Cap. 282)
This Ordinance provides for compensation to all employees for work-related injuries.
Legal Aid Ordinance (Cap. 91)
Under this Ordinance, eligible persons are provided with legal representation in
certain civil or criminal proceedings either free, or with fee.
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