Hong Kong Human Rights Monitor
Encyclopedia
Hong Kong Human Rights Monitor (HKHRM) (香港人權監察) is a local non-governmental organization
Non-governmental organization
A non-governmental organization is a legally constituted organization created by natural or legal persons that operates independently from any government. The term originated from the United Nations , and is normally used to refer to organizations that do not form part of the government and are...

 which was established in April 1995. It aims at promoting better human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...

 protection in Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...

 in the aspect of legislation and people's everyday life.

The organization is concerned about issues like National Security Laws or Article 23
Article 23
Article 23 may refer to any of the following:*Article 23 , a novel by William R. Forstchen*Hong Kong Basic Law Article 23...

, immigration law, public service broadcasting, the police complaint system, the inspection of prisons, racial discrimination, sex discrimination and freedoms of association, assembly and expression etc.

One of the organization's main aims is to educate the Hong Kong community to the human rights that they currently have, that they should have and that will better the community. This helps establish an awareness of the initial and potential Hong Kong human rights throughout society. The recent founding of the Hong Kong Human Rights Monitor Education Charitable Trust contributes constructively to the social awareness of basic and more complex human rights issues.

Structure

  1. Hong Kong Human Rights Monitor - membership comprises mainly Chinese born in Hong Kong with mandate on human rights and rule-of-law issues in Hong Kong.
  2. Hong Kong Human Rights Monitor Education Charitable Trust - a charitable fund that promotes awareness of human rights among the people in Hong Kong.
  3. Digital Library - holds human rights treaties and related documents in electronic format.
  4. Resource and Information Centre - collects and distributes basic human rights information.

Work

The work of HKHRM covers five broad areas:

1. Supporting human rights in Hong Kong

HKHRM observes the law, policies and actions of the government such as by participating in Legislative Council of Hong Kong
Legislative Council of Hong Kong
The Legislative Council is the unicameral legislature of Hong Kong.-History:The Legislative Council of Hong Kong was set up in 1843 as a colonial legislature under British rule...

 hearings and holding campaigns on human rights issues and the rule of the law.

2. Assertaining the human rights conditions in Hong Kong

HKHRM undertakes research on a variety of important topics including immigration law, constitutional matters, freedoms of association, assembly and expression, the conduct of the police, and the treatment of prisoners.

3. Telling the world about human rights in Hong Kong

HKHRM briefs the press, the United Nations, local and overseas governments and legislative bodies on Hong Kong human rights issues both orally and through written reports.

4. Public education about human rights

HKHRM publishes various educational materials about human rights in Chinese and/or English and distributes them to the public. Publications include a newsletter, teach-yourself human rights pamphlets and a calendar. The materials cover subject matter ranging from the Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...

 to anti-small circle election
Elections in Hong Kong
Elections are held in Hong Kong when certain offices in the government need to be filled. Every four years, half of the unicameral Legislative Council of Hong Kong's sixty seats representing the geographical constituencies are filled by the electorate; the other thirty seats representing the...

. It also delivers speeches at public occasions and organizes evening classes on human rights.

5. Working on human rights-related issues

HKHRM handles cases referred to it by other non-governmental organizations that have significant implications for legal or institutional improvements. Its interest goes beyond individual citizens to concern public affairs such as police and immigration issues.

Observation and inspection

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
World Trade Organization
The World Trade Organization is an organization that intends to supervise and liberalize international trade. The organization officially commenced on January 1, 1995 under the Marrakech Agreement, replacing the General Agreement on Tariffs and Trade , which commenced in 1948...

 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 overreacted 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.

HKHRM sometimes co-operates with international organizations 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 organize 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 scrutinize the election arrangements for the election in September.

Researches and reports

As mentioned above, 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
Domestic violence
Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...

 in ethnic minority families and split families and right of abode.

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.

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.

Meetings

HKHRM frequently meets with government officials and international organizations.

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 organizations such as the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

, 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 authortitative sphere, Monitor members have previously met with the Chief Executive of Hong Kong
Chief Executive of Hong Kong
The Chief Executive of Hong Kong is the President of the Executive Council of Hong Kong and head of the Government of the Hong Kong Special Administrative Region. The position was created to replace the Governor of Hong Kong, who was the head of the Hong Kong government during British rule...

 (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
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

 Headquarters in Geneva. Together with other non-government organizations, 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, polarization of rich and poor and the slow progress of legislation against age discrimination and sexual orientation discrimination.

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 organizations. 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.
The organization also caught global attention as it joined the United Nations Human Rights Committee hearing in Geneva in 1999. This involvement will certainly help the organization 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
Tung Chee Hwa
Tung Chee Hwa, GBM was the first Chief Executive and President of the Executive Council of the Hong Kong Special Administrative Region of the People's Republic of China....

, the Chief Executive, and expressed their views on the issues of racial equality, the immigration appeal system, police monitoring and the pace of democratisation. Government support is received by the HKHRM after the meeting. The government shows its concern to the organization and stresses its importance in Hong Kong.

Education

HKHRM is constantly invited to organize 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
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

 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.

In March 2005, on the Teachers Professional Training Day organized 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.

In 2005, HKHRM organized 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.

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

Current and future events

  1. Forming group to monitor possible interference on the freedom of expression by the HKSAR Government and/or Central Chinese authorities on existing and future legislation.
  2. Preparing the amicus curiae
    Amicus curiae
    An amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it...

     (Friend of the Court) documents on important constitutional matters.
  3. Monitoring the self-censorship
    Self-censorship
    Self-censorship is the act of censoring or classifying one's own work , out of fear of, or deference to, the sensibilities of others, without overt pressure from any specific party or institution of authority...

     of the media and the possible threat to other media.
  4. Carrying out research on existing laws on detention and imprisonment and proposing recommendations raised by the Monitor and Human Rights Watch.
  5. Urging the HKSAR Government to outlaw racial discrimination by maintaining a record of cases of racial discrimination to illustrate the need for action on this issue.
  6. Investigating issues on mental health and its implications on human rights.
  7. Refreshing the homepage from time to time to make sure members and other interested individuals are able to keep track of the Monitor's activities and the human rights situation in Hong Kong.
  8. Publishing and translating various human rights materials. This include booklets on women's rights, on the rights of minorities and on freedom of association and book on teaching human rights for teachers and video about human rights.
  9. Establishing a human rights information centre including legislation, government and non-governmental organisation publications and newspaper clippings.
  10. Continuing the police campaign which includes monitoring demonstrations, reforming the ineffective police complaints mechanism and improving the quality of autopsies by Government pathologists.

Officers, founders and staff

The Officers of HKHRM are:
  • Chairperson: Ms Cyd Ho (何秀蘭女士)
  • 1st Deputy Chair: Mr Chong Yiu Kwong (莊耀洸先生)
  • 2nd Deputy Chair: Mr John Clancey
  • Treasurer: Mr Raymond Tsui (徐偉南先生)
  • Secretary: Ms Betty Cheng (鄭慕貞小姐)
  • Director: Mr Law Yuk Kai (羅沃啟先生)
  • Project Officer: Ms Kit Chan (陳潔文小姐)
  • Education Officer: Ms Valerie Chan (陳穎姸小姐)
  • Administrative Officer: Mr Fred Lam (林明發先生)


Executive Council members:
Peter Barnes, Rev. Chu Yiu Ming (朱耀明), James Collins, Steven Ng (吳錦祥), Philip Dykes (戴啟思), Anthony Lee (李英洛), Medeline Mok (莫羨嫻), Phillips Ross (駱浩成)

The founding members of Hong Kong Human Rights Monitor include Paul Harris (夏博義), Andrew BYRNES (薄諳度), Johannes Chan
Johannes Chan
Johannes Chan Man-mun , SC is the Dean of the Faculty of Law for the University of Hong Kong. He is a practising barrister-at-law who specializes in human rights, constitutional and administrative law...

 (陳文敏), Philip DYKES (戴啟思), S.C., HO Hei Wah (何喜華), John KAMM (康原), Christine Loh
Christine Loh
- External links :* ] ]*...

 (陸恭蕙), Charles Mok
Charles Mok
Charles Peter Mok is a Hong Kong based Internet entrepreneur and IT advocate. He founded HKNet in 1994, and contributed the company's expansion as a major IP telecommunications operator in Hong Kong before its acquisition by NTT Communications in 2000...

 (莫乃光), Stephen NG (吳錦祥), Phillip ROSS (駱浩成).

The HKHRM is run by full-time staff, mostly volunteers. Its common ground is based on a concern to raise awareness of the human rights situation in Hong Kong. By advancing Hong Kong's social insight on the matter, it hopes to protect human rights in Hong Kong and claim more rights and freedom for the people.

Membership

Membership of the Monitor is only HK$100, making it affordable to the majority of the Hong Kong community. All members are informed through a newsletter about the functions and events that they are concerned about. Monitor members have the autonomy to choose when and how they want to collaborate and help promote HKHRM goals. Members are expected to fully understand and demonstrate a legitimate commitment to human rights and the rules and regulations of Hong Kong law.

Funding

The HKHRM upholds and promotes its work through donations. The amount of work and research that could be done for a better human rights awareness in Hong Kong is affected by the amount of donations that come into the HKHRM fund. Donations are appreciated and non-refundable, but any legitimate donation is welcomed by the Monitor.

Alliance

Hong Kong Human Rights Monitor is one of the member organizations of the Civil Human Rights Front (民間人權陣線). Other member organizations include The Democratic Party, The Frontier
The Frontier
The Frontier can refer to:* The Frontier previous name for the New Frontier Hotel and Casino* The Frontier , a political group in Hong Kong* The Frontier , a 1991 Chilean film directed by Ricardo P...

, Hong Kong Human Rights Commission, Hong Kong Journalists Association
Hong Kong Journalists Association
The Hong Kong Journalists Association was established in 1968 for practising journalists in Hong Kong "to enhance press freedom and the integrity of news coverage"...

(香港記者協會) etc.

Rejection of Applications

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 current chairperson Cyd Ho, 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. 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”.

External links


Other Human Rights Groups in Hong Kong

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