|
[
Report from
field ] Hong
Kong
HONG
KONG HUMAN RIGHTS COMMISSION
United
Nations Committee on Economic,
Social and Cultural Rights
On
the First Periodic Report in respect of Hong Kong Special Administrative Region
of the People's Republic of China under Articles 2 to 16 of the International
Covenant on Economic, Social and Cultural Rights
January
2001
SoCO:Society
for Community Organization Hong
Kong Human Rights Commission
Chapter
1. Right of Abode
1. 1
Right of Abode Case and the Judiciary and Legal System
The Court of Final Appeal (CFA) was
created on July 1, 1997 to replace the U.K.s Privy Council as Hong Kong's
highest court. The Basic Law provides that the courts of HK shall be vested
with independent judicial power with jurisdiction over all cases except “acts
of state such as defense and foreign affairs' (article 19), and exercise
judicial power independently, free from any interference (article 85).
In January 1999, the CFA issued rulings
in three cases relating to the right of abode. The ruling declared some HK
immigration regulations, that is the Certificate of Entitlement (COE) Scheme,
inconsistent with the ICCPR and confirmed that all children of HK residents had
right of abode in HK, whether their parents had HK citizenship at the time of
their birth or not. The ruling also asserted the Court's right of judicial
review over not only the Basic Law, but also over acts of the National People's
Congress (NPC) as they affected HK. However, in response to criticism from
Mainland officials and legal scholars, the HK Government requested an unprecedented "clarification' from the CFA
of its own judgement in February. This set a dangerous precedent.
Moreover, the HK Government asked the
Standing Committee of NPC to interpret
two provisions of the Basic Law (article 24(2)(3)) relevant to the part of
the CFA's right of abode ruling in May. The purpose was to deny right of abode
of mainland-born children born before at least one parent had become a HK
permanent resident and requiring mainland-born children to first obtain
documents issued by the HK Government (COE) and PRC Government (One-Way Exit
Permit) before they can formally get their right of abode. Hundred of HK
lawyers who viewed the request as a post-judicial remedy which undermined the
authority and independence of HK's judiciary, marched in protest.
Finally, on December 3, 1999, the CFA
ruled in a right of abode case that the NPC had authority to interpret the
Basic Law, that the NPC's June interpretation of the Basic Law was thus
binding, and that the interpretation upheld the Government's previous
documentation and time of birth requirements. After this, concern on the rule
of law and autonomy of HK's judiciary are expressed both at local and
international level. Meanwhile, the Government refused to rule out entirely the
possibility of a future request for interpretation on the Basic Law again
though officials said such request would be exceptional. Undoubtedly, it
creates uncertainties on an independent
judiciary and protection of human rights. It seems the Government need not
follow a proper procedure in seeking NPC interpretation on Basic Law.
On the other
hand, the interpretation also deprives people of the right of abode and right to family unity. Most mainland-born
children of HK residents who benefit from the January 29 verdict were forced to
return across the border and apply for residency in HK in the previous way. But
many of them have applied the One-Way Permit for more than 10 or 20 years but
failed because of the forever changing mainland policy, which means there is no
workable and reasonable mechanism for them to get the right of abode through
the existing policy and thus unable to reunite with their parents.
1. 2 Translation into Domestic Law
Although it is stated in article 39 of
the Basic Law that the provisions of ICESCR shall be implemented through the
laws of Hong Kong, the provisions continue to be excluded from the domestic law
of Hong Kong. There is no law protecting workers from long working hours and
extremely low wage which affect the right to just and favorable conditions of
work; no law regarding elimination of racial, age and sexual orientation
discrimination; no law related to housing rights, no official poverty line; no
laws protecting people from forced evictions, and so on. Your committee have
also raised these question in the previous hearings but was ignored by the
Government.
1. 3 Consideration of recommendations
by Committee on ICESCR
It is highly appreciated that the Committee produced a comprehensive
and thorough concluding observations after the hearing in 1994 and 1996.
However, many recommendations were ignored by the Government and remain
unresolved, for example: to develop a fair and open one-way permit approval
mechanism in order to facilitate the rapid family reunification, to take
effective measure for the retraining of those who have lost employment as a
result of economic restructuring, review policies relating unfair dismissal,
minimum wage, maximum hours of work and so on, total eradication of cage-homes,
review services provided to persons of mental illness and disability, measures
to integrate children of immigrant families from China, review the living
standard of the welfare recipients and so on.
1. 4 Human Rights Education
Although the Committee on the Promotion
of Civic Education under the Home Affairs Bureau did carry out human rights
education in the past few years, their focus was more on civil and political
rights. Generally speaking, people would not regard economic, social and
cultural rights as basic human rights, not to say knowing the principles of
indivisibility and interdependence between the two sets of rights. The
government officials may also possess the same viewpoint. This may explain the
reason why does the Government refuse to translate the provisions of ICESCR
into domestic law as that of the ICCPR.
1. 5. Recommendations
1. To urge the HK SAR Government to rule out future request for
interpretation on the Basic Law from the Standing Committee of National People's
Congress (NPCSC) on internal affairs.
2. To urge the HK SAR Government to work out a reasonable and workable
mechanism with the PRC Government for mainland-born children of the HK
residents to apply for the right of abode.
3. To urge the HK SAR Government to giver back the right of abode to
those mainland-born children being benefit from the January 29, 1999 verdict of
the Court of Final Appeal (CFA).
4. To urge the HK SAR Government to translate the provisions of the
ICESCR into domestic law.
5. To urge the HK SAR Government to promote economic, social and
cultural rights through formal and informal education.
Chapter 2. Poverty in Hong Kong
2.1 Poverty in an affluent city
Hong Kong has long been regarded as an international and prosperous
city and one of the wealthiest societies in the world in terms of per capita
GDP, which was HK$189,000 (USD24,500) in 1998. However, the general public
cannot share the fruit of the economic growth and the economic re-structuring
led more unemployed and under-employed people living in poverty. Worst still,
the government got rid of its responsibility and did not take any active
measures for ameliorating poverty.
2.2 Increase
the number of the poor
According to a survey conducted by Oxfam (Hong Kong), more than
1,300,000 people live below the poverty line and they included low-income
families, working elderly and the new immigrants from the Mainland China.
From 1996 to 2000, the number of low-income families, which household
income was less than HK$4,000 (USD 512.8), doubled from 87,500 to 180,000.
Moreover, the number of Comprehensive Social Security Assistance (CSSA) recipients
was doubled in 2000. The families became poor because of the fall of real
household income.
Here are some significant figures that reflected the poor situation:
- 1,250,000 people earned HK$9,000 or
below
- the number of employed persons monthly
income with HK$5,000 or below was sharply increased to 30% from 1997 to 1999.
(see Table 1)
- In 1999, the lowest income 10%
households lived on HK$3,000 per month while the highest income 10% household
enjoyed HK$70,000 instead. (The average means-tested public assistance rate for
a 3-member family is HK$7,800 per month in 1999)
- From 1990 to 1999, the real monthly
employment income of the highest income 200,000 households increased by 28%
while that of the lowest income 200,000 households was down also by 28%. (see
Table 2)
- The monthly household income of 2
million people (in real terms) in 1999 was lower than that in 1990. 80% of the
households in Hong Kong saw their real earnings in 1999 lower than that in
1996.
-
the Gini Coefficient of Hong Kong
increased from 0.48 in 1991 to 0.52 in 1996, which was even higher than the
developing countries.(see Table 3)
Table 1. Employed Persons
by Monthly Employment Income (1997 - 99)
|
Monthly
employment income
(HK$)
|
3rd Quarter
1998
|
4th Quarter
1999
|
99/98
change
|
|
'000
persons
|
%
|
'000
persons
|
%
|
'000
persons
|
%
|
|
$3000 or
below
|
64.8
|
2.0
|
92.9
|
2.8
|
+28.1
|
+43.4
|
|
$4000 or
below
|
235.0
|
7.8
|
289.9
|
8.7
|
+54.9
|
+23.4
|
|
$5000 or
below
|
318.3
|
9.9
|
384.7
|
11.6
|
+66.4
|
+20.9
|
|
$6000 or
below
|
441.9
|
13.8
|
527.4
|
15.9
|
+85.5
|
+19.4
|
|
$7000 or
below
|
628.1
|
19.6
|
739.7
|
22.3
|
+111.6
|
+17.8
|
|
$8000 or
below
|
838.6
|
26.2
|
957.9
|
28.9
|
+119.3
|
+14.2
|
|
$9000 or
below
|
1134.1
|
35.4
|
1246.7
|
34.6
|
+112.6
|
+9.9
|
|
$10000 or
below
|
1376.5
|
43.0
|
1454.1
|
43.9
|
+77.6
|
+5.6
|
|
$10000-$20000
|
1168.8
|
36.5
|
1187.1
|
35.9
|
+18.3
|
+1.6
|
|
$20000 or
above
|
655.2
|
20.5
|
668.3
|
20.2
|
+13.1
|
+2.0
|
|
$30000 or
above
|
305.9
|
9.6
|
313.1
|
9.5
|
+7.2
|
+2.4
|
|
Total number
of working population
|
3200.5
|
100.0
|
3309.5
|
100.0
|
+109.0
|
+3.4
|
Source of Information: Quarterly Report of
General Household Survey, Jul-Sept 1998 and Oct-Dec 1999, Census and Statistics
Department, HKSAR Government.
Table
2. Household Monthly Income in Hong Kong, 1990-99
|
Grouped
by Decile Households
|
Household
Monthly Income (current prices) HK$
|
Household
Monthly Income (1990 prices) HK$
|
Change in Real Monthly Income
|
|
|
1996
|
1999
|
|
1996
|
1999
|
|
99/96
|
99/90
|
|
Lowest Income
10%
|
4,100
|
3,000
|
2,485.1
|
1,724.9
|
-30.6%
|
-28.1%
|
|
2nd
10%
|
8,000
|
6,800
|
4,848.9
|
3,909.8
|
-19.4%
|
-15.0%
|
|
3rd
10%
|
10,000
|
10,000
|
6,061.2
|
5,749.7
|
-5.1%
|
-4.2%
|
|
4th 10%
|
13,000
|
12,200
|
7,879.5
|
7,014.7
|
-11.0%
|
0.2%
|
|
5th 10%
|
15,800
|
15,500
|
9,576.6
|
8,912.1
|
-6.9%
|
4.8%
|
|
6th 10%
|
19,500
|
20,000
|
11,819.3
|
11,499.5
|
-2.7%
|
15.0%
|
|
7th 10%
|
23,300
|
24,000
|
14,122.5
|
13,799.4
|
-2.3%
|
14.0%
|
|
8th 10%
|
29,300
|
30,000
|
17,759.2
|
17,249.2
|
-2.9%
|
15.0%
|
|
9th 10%
|
38,600
|
40,900
|
23,396.1
|
23,516.4
|
0.5%
|
17.6%
|
|
Highest Income 10%
|
63,800
|
70,000
|
38,670.3
|
40,248.1
|
4.1%
|
28.2%
|
|
Average
|
17,500
|
17,500
|
10,607.0
|
10,062.0
|
-5.1%
|
7.0%
|
Source: Census
and Statistics Department, HKSAR Government, 2000.
Table 3. Comparison of
Gini Coefficient in Different Regions in the 1990s
Region
|
Gini Coefficient
|
Country
|
Gini Coefficient
|
|
South Asia
|
0.32
|
Canada
|
0.315
|
South East Pacific
|
0.38
|
Nepal
|
0.367
|
|
Middle East
|
0.38
|
People Republic of China
|
0.415
|
|
Africa
|
0.47
|
The Philippines
|
0.429
|
|
Latin America
|
0.49
|
USA
|
0.456
|
|
Hong Kong
|
0.52 (1996)
|
Thailand
|
0.462
|
* Higher Gini Coefficient denotes higher
income inequality.
Source: World Bank (1997) Everyone's Miracle? Revisiting Poverty and
Inequality in East Asia, Washington D.C.
2. 3 Inapt
governmental policies to assist different groups of the poor
The
SAR Government has been adopting an over-simplified logic of the neo-classical
economics and believed that overall economic growth will trickle down to the
whole society, including each and every group. In face of the economic
transformation and the increasing number of the poor, the government merely
rendered impractical and insufficient retraining programs to the middle-aged
workers that inevitably brought out more low-income families.
Working elderly
Moreover, due to the lack of central
provident fund and a comprehensive pension scheme, more and more elderly become
poor and depends on social welfare. Worst still, those elderly living with
their families were not qualified to apply for the CSSA , whose right to social
welfare was exploited. In order to be self-supported, more than a million of
elderly needed to work in poor working conditions with meager salary (their
median income is HK$5,000, half of the median monthly income in Hong Kong). Worse
still, they were excluded from the Mandatory Provident Fund (MPF) scheme and
without any retirement protection.
New Immigrants from the Mainland China
The problem of poverty is also serious
among new arrivals from the Mainland China. Social discrimination and exclusion
from the local people were the common obstacles for work. Government figures
showed that near two-third of new arrivals whose monthly employment earnings
was HK$4,000 to HK$7,000, while only 5.1% earned $15,000 and over. Even worse,
the employed new arrivals generally had lower income than those of the local
people as a whole (see Table 4). This led more new immigrants inevitably became
the low-income families.
Table 4. Monthly employment earnings of
Employed persons from the mainland China having resided in Hong Kong for less
than 7 years
|
Monthly employment earnings (HK$)
|
Employed persons from the mainland China having
resided in Hong Kong for less than 7 years
|
Total employment population
|
|
No. of persons ('000)
|
%
|
%
|
|
<3,000
|
4.9
|
6.9
|
2.7
|
|
3,000 – 3,999
|
3.4
|
4.8
|
5.7
|
|
4,000 – 4,999
|
7.8
|
11.0
|
2.9
|
|
5,000 – 5,999
|
12.5
|
17.7
|
4.4
|
|
6,000 – 6,999
|
12.3
|
17.4
|
6.3
|
|
7,000 – 7,999
|
8.9
|
12.6
|
6.6
|
|
8,000 – 8,999
|
6.7
|
9.5
|
8.9
|
|
9,000 – 9,999
|
3.3
|
4.6
|
6.2
|
|
10,000 – 14,999
|
7.4
|
10.4
|
25.0
|
|
³15,000
|
3.6
|
5.1
|
31.2
|
|
Total
|
70.8
|
100.0
|
100.0
|
|
Median monthly employment earnings (HK$)
|
6,000
(USD 780)
|
10,000
(USD 1,300 )
|
Source of Information: Quarterly Report of
General Household Survey, Jan-Mar 2000, Census and Statistics Department, HKSAR
Government.
Housewives and single-parent families
Housewives and single-parent families are another
hidden group of the poor. Like the working elderly, housewives are not entitled
to the MPF scheme. Divorced or separated women have to either accept low paid
work or rely on CSSA. Moreover, single parents having CSSA have to work when
their children reach the age of 15 by the introduction of new CSSA policy in
1998.
2.4 Deduction of Social
Security
It is doubtful whether the rates of
assistance paid through the Comprehensive Social Security Assistance (CSSA)
Scheme provide for a decent standard of living for its recipients, as also
concerned by the Committee. Although the Government stated in the report that
“To ensure the allowances maintain the purchasing power of the recipients, the
standard rates are revised annually to take account of inflation. The level and
scope of the special grants are also reviewed periodically to ensure that they
keep pace with the actual costs of the items covered and meet the changing
needs of recipients (para. 145), the reality is not so.
In December 1998, the Social Welfare
Department reviewed the CSSA Scheme and recommended slashing family allowances
and encouraging single parents to find jobs. Finally, the standard rates of a
three-person or above family have to cut 10% to 20%, most of the special grants
including dental treatment and telephone bills were scrapped, and the annual
long-term supplement for healthy adult and children were also cut. According to
the Secretary of Health and Welfare, the idea was to tackle abuses in the
system and encourage people to stand on their own feet. However, it seems the
true motive was to cut welfare expenses. Before the announcement of the
proposal, the Government tried to portray poverty as laziness and misfortune as
shame. The welfare recipients are look upon as parasites and wasting resources
of the society. As a result, the families who received CSSA have to further cut
their already limited expenses on food and clothing. They cannot afford any
entertainment or social life and had to face discrimination from the society.
All these seriously affect their self-esteem and health and can hardly say they
are able to lead a decent living standard.
2.5 Lack
of Poverty line and policy to assist the poor
The SAR Government turned its blind eye to help the poor. It rejected
to establish a poverty line to monitor the situation. The poor are inevitably suffered
by the cancellation of various welfare grants. In the absence of long-term
policy, the day for eradicating poverty was not clear.
2.6 Recommendations
1. To ensure the basic standard of living of retired persons,
low-income families and the unemployed persons, the Government should review
its comprehensive social security
system. The Government should resume the special grants to the welfare
recipients.
2. The Government should eliminate the age limit of the Mandatory
Provident Fund (MPF) so those employees’ ages over 65 are included.
Furthermore, housewives and the self-employed persons should be included into
the scheme and a universal retirement scheme should be established for all
citizens.
3. Definitions and indicators of the Poverty Line should be drawn by
the SAR Government in collaboration with the NGOs. Moreover, the Government
should form a committee, which continuously carries out research on poverty and
provides recommendations for reduction of poverty.
4. The SAR Government should improve the labor retraining programs and
create more jobs by developing more industries in the community such as
environmental protection industry. Furthermore, it should provide subsidy for
those employ re-trained workers and provide tax exemption for the self-employed
workers.
5. Minimum wages should be introduced through legislation in order to
ensure the basic standard of living of low-income workers. Furthermore, the
Government should establish a committee to tackle the widening of poverty gap
and put the issue of poverty as the its highest agenda so that the economic,
social and cultural rights of the low-income families guaranteed by the
Covenant can be ensured.
Chapter 3. Discrimination against New
Immigrants
3.1 Institutionalized Discrimination
against New immigrants from Mainland China
Although 54,000 new immigrants from Mainland China came to Hong Kong
every year, representing near 1% of the whole population. The Hong Kong Special Administrative Region
(HKSAR) Government however has yet have any population or new immigrant policy
to guide this flow. Neither is there
any social and economic policy to address the needs of these newcomers. The lack of affirmative action towards these
new arrivals not only hinders their equal participation, but also contributes
to the building of social tension in community.
New immigrants have been made the scapegoat for incompetent
government actions to improve the living standard of the poor people during
economic recession. They have been
blamed for increasing the taxpayers' burden and competing social resources with
the locals. Negative public opinion has
become an excuse of the government to neglect the needs of the new
immigrants. Their main source of
problem is discriminative social policies.
We considered this as a violation of Article 2. 2” The States Parties to the present Covenant undertake to guarantee that
the rights enunciated in the present Covenant will be exercised without
discrimination of any kind as to race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other
status.”
3.2
Discriminative Housing Policy
Hong Kong ranks top three in the world
league of housing rent. New immigrants
from the mainland China are desperately in need of subsidized housing. They suffer great financial hardships and
can only afford to live in old and dilapidated private tenements, usually sharing
a unit with 8 to 10 other families or with dozens of other dwellers in a
cagehome. These immigrant families can
only pin their hopes to improve living conditions on public housing. Yet most of them cannot meet the criterion
for queuing for allocation of public housing, which requires half of the family
members to have at least 7 residence in Hong Kong.
3.3 No Equal Education Right
Despite there are average about 22,200 school-age immigrants from
Mainland China coming to Hong Kong every year.
Most of them want to further their studies. However, the Government has not developed a comprehensive policy
to help them to integrate into the Hong Kong education system and the society. Many of them have difficulties in finding a
placement in schools and in adjusting to the new environment. We considered
this as a violation of right to education according to Article 13 “The States Parties to present Covenant
recognize the right of everyone to education”, as their access to proper
education are unnecessary deprived due to faulty policy.
Every year, over 80% of the 19,000 young immigrants at the age from
6 to 15 have to down their grade because of the lack of appropriate assessment
mechanism. Most of them are forced to
down two grades. It made them elder than
their classmates. Their self-esteem and
self-image are upset by this unreasonable arrangement.
For the young immigrants who aged above
15 would not be allocated by the normal channel. In Hong Kong, secondary school
placement is centrally coordinated after the students have completed Secondary
three. The Education Department does
not see that they have the obligation to assist the young immigrants to be
allocated in subvented day schools. The
Education Department only recommends young immigrants’ aged above 15 to study
in evening school or take adult course although most of them are very keen to
continue their education in a regular day secondary school.
Consequently, only about 60% young
immigrants are able to be admitted to schools, but 70%of them only got places
in private schools. The others are
forced to give up their studies and go out to work.
3.4 No equal welfare rights
As Hong Kong's economy has continued to be gloomy, many new
immigrant families encounter economic difficulty, but they are not entitled to
apply for public assistance unless they fulfil the one-year residence
requirement. Even though most of new
immigrant children are the children of Hong Kong Permanent residents, they have
right of abode in Hong Kong. It is
understandable that the initial period would be when assistance is most
needed. We considered this as a
violation of right to social security according to Article 9 : The state parties to the present Covenant
recognize the right of everyone to social security, including social insurance.”
3.5 No
recognition in qualification from mainland and residency requirement
The qualifications gained in mainland are not recognized by most
employers as the Government takes no initiative to ratify the
qualifications. Even worse is that the
Government herself requires some of its vacancies be filled by people of over 7
years’ residency. New immigrants were
being discriminated in the labor market.
They took up the most unwanted jobs such as cleaning and dish washing,
yet their wages were much lowered than the local people and had to work longer
hours. The monthly median wage of them
is about $6,000(USD770), which is 40% less than that of the local workers
(HK$10,000 or USD1,280).
We considered this as a violation of right to education according to
Article 7 “ The States Parties to the
present Covenant recognize the right of everyone to the enjoyment of just and
favorable conditions of work”
3.6 Recommendations
1. The government should immediately stop making any discriminative
comments against new immigrants from the Mainland China and distort the
perception of the general public. Furthermore, it should review all existing
social policies and extract any factor of discrimination in order to ensure all
people are being equally treated without any kind of discrimination as to race,
color, sex, language, religion, political or other opinion, national or social
origin, etc.
2. Apart from the three anti-discrimination ordinances (i.e. Family
Status Discrimination Ordinance, Sexual Discrimination Ordinances, Disability
Discrimination Ordinance), the Government should extend the coverage of
anti-discrimination ordinance into all kinds, including discrimination against
ethnic minority, in order to protect the rights of every race in the society.
At the meanwhile, the power of Equal Opportunity Commission should be
strengthened so that it can handle any complaints related to any form of
discrimination.
3. To eradicate discrimination by the professionals, the government can
co-operate with different professional bodies by preparing procedural manuals
against discrimination and disqualifying the professional qualification of the
professionals, who has discriminated against citizens of any ethnic minority in
their daily practice. The professionals included the doctors, lawyers, social
workers, etc.
4. Codes of practice should be formulated in different governmental
departments and bodies and the curriculum of anti-discrimination should be
included in the course of staff training of civil servants.
5. Most importantly, the concept of anti-discrimination should be
delivered in the formal school curriculum, which designated for the respective
age and level of students. Moreover, complaint channels should be made popular
to the public and community education should be rendered actively in order to
eliminate all forms of discrimination.
Chapter 4. Split Families
4.1 Spilt families between Hong Kong and the Mainland China
In Hong Kong, there are approximately100,000
split families composing of parents and their children separated between
Mainland China and Hong Kong as a result of erroneous policy . Their prospect
of reunion is not regulated by a reasonable queuing system but procedures that
subject them to bureaucratic manipulation and corruption. Such act constitutes
a violation of Article 10 of the Convention, which stipulates that "The widest possible protection and
assistance should be accorded to the family, which is the natural and
fundamental group unit of society”. In light of this, we sincerely urge the
Committee to pay attention to this problem and protect the rights of these
separated families.
Since China has adopted the open door policy in late 1970s, the
number of Hong Kong single males
returning to their homeland to get marry has grown rapidly. Nevertheless, according to existing
policies, their wives and children have to stay in Mainland China to apply for
One-way Entry Permits
from the PRC Government before they are allowed to join their husbands/fathers
in Hong Kong.
The One-way Permit system has been commonly criticized as unfair,
ineffective, as well as lacking a transparent and uniform standard. Different
provinces in mainland China now operate their own system to allocate their
share of the 150 daily quota and the applicants have no way of knowing the
eligibility of applications, the assessment criteria nor the waiting time. We
understand from the PRC government that One-way Permits are not approved on
family but individual basis. In most
cases, mothers and children have to wait for their turns in separate queues,
resulting in prolonged and unnecessarily family separation. The worst scenario
is that in some parts of China, children are absolutely denied the right of
application thus causing split families of a permanent nature. For the spouse
queue, in some cities, applicants have to wait for at least 15 years, while in
others, the waiting time can be as short as one year.
Worse still, the problem is aggregated by widespread corruption.
Many applicants have reported that they have to pay a bribe ranging from HKD
60,000 to HKD 200,000 i.e. USD 7,692 to USD 25,641 to the responsible district
officials or they run the risk of being disqualified. As a result, families who
cannot afford to pay a bribe are forced to take the risks of taking dangerous
and illegal entry routes to Hong Kong. In most cases, mother who have to take
care of young children have no alternatives but to turn to smugglers to bring
them to Hong Kong while young children who needs motherly care are also subject
to the risk of illegal entry from Mainland China.
We are concerned with the detrimental effects of long term
separation on the affected families. Not only marital relationship suffers, but
also children's normal development is seriously affected due to deprivation of
parental care and nurture. Mothers are often imbued with a sense of guilt that
they cannot fulfill their roles as wife and mother while their young children's
physical and emotional development are adversely hampered by the prolonged separation.
We are disappointed that both the HKSAR Government and the Chinese
Government still overlook the problems of the One-way Entry Permit system after
the change pf soverenigty. We are alarmed at the lack of active cooperation and
coordination between the two Governments to improve the existing system.
4.2 Recommendations
1. We strongly urge the Hong Kong SAR Government and the People's
Republic of China Government to have better coordination to ensure that One-way
Entry Permits are approved on a family basis, so as to allow mothers and
children to settle in Hong Kong at the same time.
2. We strongly urge the Hong Kong SAR Government and the People's
Republic of China Government to ensure the transparency of the criteria and
procedure of the migration applications. It is essential that monitoring
mechanism be built into the system to enable public scrutiny and sanction.
3. We strongly urge the Hong Kong SAR Government and the People's
Republic of China Government to provide a reasonable and clear time limit to
each split family in order to let them whenever they can reunion.
4. We strongly urge the Hong Kong SAR Government to exercise its
discretionary power on humanitarian ground to the widows, who come from the
Mainland China and their Hong Kong husbands were death before reunion, to
resettle at Hong Kong in order to look after their children.
Chapter
5. Housing Rights
5.1
Violation of Housing Rights in Hong Kong
While the government is proud of its
economic prosperity and huge economic surplus, many housing problems of
disadvantageous groups are still being neglected. The priority target of government's land or housing policies is
not to fulfill the housing needs of households living in inadequate housing,
such as cage lodgers, roof-top hut dwellers, sub-tenants of old private housing
and squatters residents. In 1999, the
number of inadequate housed households in non-self contained units or
non-permanent structures is 140,000 households that means around one million
people are living in sub-standard housing.
5.2 The cage-home problem is still a
shame in Hong Kong
The indecent conditions of cage-homes have been concerned in recent
years. Though the number of cage-homes with full license has greatly
decreased from 153 in 1997 to 52 in 2000, academic and Housing Authority
reports indicate that as many as 10,000 single people living in cage
homes. The cage home problem is a solid
example of violation of housing rights by the government, as it fails to
provide adequate housing for the cagemen despite of its piling up of huge
financial reserves. The government
repeatedly stated that cage homes, as a kind of cheap housing, has a strong
demand among the lower class.
In the Third Periodic Report submitted to the Committee by the Hong
Kong Government, it stated
that it's policy is not to phase out or outlaw this type of accommodation but
to ensure, through legislation, that bedspace apartments do not endanger the
lives of the persons living in them.”
In 1994, the Bedspace Apartment Ordinance was passed which requires
operators to renovate their apartment to meet the fire-safety standard before 1
July 1998. The ordinance brings little
improvement in the living environment of the tenants, but the landlords use it
as an extenuation of forced eviction or rent increases.
Almost 100 cage homes have closed down in the past four years and
many tenants have become homeless.
Without an adequate rehousing programme, the dwellers have to live in
more appalling and unidentified cage homes.
Our observation and experiences in urban slums run an alarming figure of
40 bedspace apartments run on illegal basis. Thousands of small cubicles with
inhumane living standard can easily be found in slum areas.
5.3 Discriminatory Housing Policy Against
Singletons
One of the main reasons of cage home phenomena is that the
government refuses to look after the housing needs of singletons. Whereas there are 36,000 singletons aged
below 60 cramping around the cage homes, cubicles and cocklofts, the government
turns a blind eye to their urgent housing needs. From 1994-1999, there are only 370 public rental flats available
yearly for them. From official figures,
the singletons have to wait about 6 to 9 years for public rental housing, which
is particularly long waiting time compared with the families and elderly. The housing policy discriminates against the
low-income singletons. For example,
singletons are only allowed to apply for public housing until 1985.
For 10,000 single cage lodgers, the rehousing policy of cagemen
disappointingly victimizes them. In
according to the existing policy, only cagemen at the age of 60 or above are
qualified for applying for the scheme of rehousing for public rental flats. For those below 60, the only alternative is
to move to singleton hostels. However,
the open space design of hostels has been criticized that ignores the privacy
of the tenants. Due to the undesirable
conditions of the hostels, the occupancy rate of singleton hostels remained as
low as at 30% when the ordinance took effective on 1 July 1998.
5.4 Dumping ground for most deprived
groups
According to Society for Community Organization's (SoCO) cage-home
survey conducted in 1997,
more than 40 percent of the tenants were chronically ill, a quarter were
ex-convicts and 10 percent were former mental patients. Some of them were abandoned by their
families. Some became homeless and even
some were introduced by social workers to live in cage homes when they left
rehabilitative hostels or penal institutions.
The government has little concern on their rehabilitation and housing
needs, cage homes become their only refuge.
5.5 Inadequate housed households in
private housing
According to official figures, there are around 120,000 households
living in sub-standard, partitioned cubicles in tenement buildings in
1999. Although the Government promises
to relieve their living hardship by public housing policies, the number of
cubicles in slum areas and the condition of tenants remain unchanged. With reference to SoCO's private inadequate
housed tenant's survey conducted in 2000,
the average living space of the interviewed households was 2.8m2. For the family households, each person even
cramped in only 1.9m2. 43.3%
respondents were living with 10 or above households in the area of around 700
square feet. On the average, they
shared with 13 and 15.4 people in one toilet and kitchen respectively.
Most of the residents in old urban slums are middle-aged folks
fallen into the prey to the restructuring of the economy. Being suffered from structural unemployment
and wage reduction, the median monthly household income of private housing
residents is only HK$8500(US$1090) with the amount of HK$17,400(US$2231) of HK median
monthly household income. Worst, tenants in inadequate housing also
face spiraling rents under huge demand of cheap accommodation even though the
prices and rental indices of private domestic flats have fallen from 422 to 242
and 198 to 141 respectively from the end 1997 to the end 1999.
The median rent to income ratio of
private inadequate housed households has raised from 20% to 26.2% from 1996 to
2000. In accordance to SoCO's research, the
average rent per square feet of cubicles was $31 and the highest one, as
expensive as the rent of famous commercial buildings in the city heart, was
over $60 per square feet.
Despite the adverse condition of lodgers in inadequate housing, the
government has no positive action to relieve their hardship, but just let them
queue up the long waiting list for public rental flat.
5.6 Urban poor in public housing
The unskilled labour become the victims
of economic downturn and economic restructuring. The decline of revenue from public housing residents directly
shows the difficulties of urban poor. The
median monthly household income has dropped from $15000 in 1998 to $12500 at
the end of 1999. The number of public assistance recipients
doubles from 60,000 households in 1995 to 115,000 in 1999, which composesaround
20 percent of public housing households. However, only around 2,500 households out of
70,000 eligible families have benefited from the rent reduction,
since the introduction of this rent assistance scheme for hardship residents in
September 1992. It is because the
eligibility criterions for the application of rent assistance are very harsh
and complicated that residents benefiting from the scheme are required to move
to cheaper flat after two-year subsidized period or to quit the scheme.
5.7 Recommendations
1. The Hong Kong government should
eradicate the phenomenon of a cage home and ensure that all cagemen and
deprived singletons are provided with adequate and affordable housing.
2. The Hong Kong government should stop
all forms of discrimination against single people in assess to public housing.
3. The Hong Kong government should
actively identify illegal run cage home and study the housing or service needs
of residents in old urban slums.
4. The Hong Kong government should
provide adequate housing and enough social services to inadequately housed
households and provide more hostels for singletons in urban area.
5.The Hong Kong government should
provide adequate housing with rehabilitation services to those deprived groups
such as mental ill patients, ex-prisoners and chronically ill patients.
6. The Hong Kong government should
provide rent subsidies scheme for financial hardship families with affordable
public or private housing and increase the supply of public housing.
7.
The Hong Kong government should open
channels to enable citizens to participate in policy-making with regards to
land and housing.
APPENDIX
1:Households Living in Inadequate Housing
|
Types of Housing
|
No. of Households
|
No. of Persons
|
Sources of Data
|
|
Cage home
|
10,000
|
10,000
|
Estimated by Society for Community
Organization (SoCO)
|
|
Old private housing
|
90,700
|
271,750
|
Census and Statistic Department,
General Household Survey, 1999
|
|
Roof-top huts
|
18,000
|
|
Old public housing
estates
|
69,200
|
221,440
|
From Housing Department dated on June
2000
|
|
Congested families in
public housing
|
25,384
|
126,920
|
From Housing Department 1998/1999
|
|
Shared tenancies with
unrelated families in public flats
|
2,058
|
5,879
|
From Housing Department dated on May
2000
|
|
Squatters
|
59,400
|
227,100
|
From Housing Department dated on June
2000
|
|
Temporary housing area
|
3,700
|
10,962
|
From Housing Department dated on 30
September 2000
|
|
Street Sleepers
|
3,000
|
3,000
|
Estimated by Society for Community
Organization (SoCO)
|
|
Total
|
279,058
|
877,051
|
|
Chapter 6. Street-sleepers
6.1
Increasing number of Street-sleepers
The phenomenon of street sleeping has
been existing for a long time in Hong Kong.
Street-sleepers have no place to live, not even temporary
accommodations. After the first local
study of street-sleepers in 1977,
street-sleepers have become the concern of non-governmental organizations
(NGOs). However, not until the end of
the eighties did the Hong Kong Government give more concern to the issue. Regrettably, besides conducting superficial
surveys
and giving limited resources to services related to street-sleepers, the
Government has not taken further positive actions to solve the problem of
street-sleeping in these years.
According to the Government surveys, the
population of street-sleepers is around 1000 and the figure decreased to 726
and 819 in the survey in 1998 and 2000 respectively. This figure is in doubt since in our observation, the number of
street-sleepers seemed to be increased after the economic downturn in
1997. Also, in SoCO's research,
nearly half of the respondents had not been contacted by any Government
officials and street-sleepers outreaching teams. Therefore, the real figure may be a double of that provided by
the Government.
Leave behind the disagreement over figure
and even if the Government figure is correct, it does not necessary mean that
street-sleeping is a minor problem. In
fact, for many years, the right of adequate standard of living of
street-sleepers is being violated.
According to SoCO's research,
street-sleepers are in great need of housing.
Some very basic needs of them, e.g. clothes and food were not satisfied
as well. Poverty is one of the reasons
leading people to street-sleeping. In
addition, inappropriate government policies and inadequate services keeps
street-sleepers remain in their present situation.
6.2 Unemployment resulting
in street-sleeping
Unemployment is one of the main factors
leading to street-sleeping. The
unemployment rate was rising after the economic downturn in 1997 and the rate
hit highest at 6.3%
in 1999. People who are low-skilled
workers with low education level were affected most. Jobs with low income and low job-security such as construction
work are the only choice of these people.
Therefore, once unemployed, their have financial difficulty and cannot
afford the rent. These people thus end
up in street-sleeping.
It should be noted that there seems to be
a trend that more “productive” people who are young and have high education
level sleep in the street. This trend poses a critical challenge to the
policy assumption of the Government in dealing with street-sleepers.
6.3 Mismatching government
policy
The Government policy can be seen in a
working group report published in 1993. In the report, it states that:
The policy of Social Welfare Department is to render
appropriate help to street-sleepers who are regarded as disadvantaged and
vulnerable group. Special attention is
given to those who are elderly, disabled, sick, the mentally ill, or are
suspected to be drug addicts or alcoholic
In other words, street-sleepers who are
young and healthy are expected to meet their needs on their own. Indeed, people can have their needs
satisfied through the labour market system.
However, given the present economic situation of Hong Kong, the labour
market does not function as well as before.
The trend of increasing “productive” street-sleepers gives an alarming
signal to the Government to review the policy dealing with street-sleepers.
Another way to satisfy people's need is through
the family system, which is always encouraged by the Government. However, the vast majority of
street-sleepers is singleton and has none next-of-kin in Hong Kong. Therefore, street-sleepers cannot find
family support to help. Again, the
Government should not assume that the family system works to prevent people from
street-sleeping. In other words, the
Government need to review its policy deal with street-sleepers and based it on
a deep understanding of the situation of street-sleepers.
6.4 Out-reaching
service: 1 to 125 worker-client ratio
Out-reaching service is one of the main
street-sleepers services. Workers in
out-reaching teams are responsible to contact street-sleepers, establish
relationship with them for further assistance.
There is a serious shortage in out-reaching teams workers. Now, there are formally four out-reaching
teams in Hong Kong, three of them from the Government and one from NGOs. Previously, there is one more pilot out-reaching
team having a registered nurse for conducting on-site assessment on suspected
mentally ill street-sleepers. However,
this team was put to an end due to insufficient resources as subvention
terminated by the Government.
Totally there are only eight workers to
serve nearly 1000 street-sleepers all over Hong Kong. In other words, 1 worker has to serve 125 clients. No wonder why there was nearly half of
respondents in SoCO's research had not been contacted by any out-reaching
workers. The result of shortage of
out-reaching workers is that street-sleepers can hardly access to the welfare
system for help.
6.5 Inadequate quantity and
quality of shelters and hostels
There is a serious shortage in shelter/hostel
service for street-sleepers. There are
total 403 bed-spaces in shelter/hostel for street-sleepers. Only 28.8% of all bed-spaces are subsidized
by the Government. The average
utilization rate of street-sleepers shelter/hostel was more than 90%. In addition, the lowest admission age for
these shelters is usually at 55. Thus
street-sleepers aged below 55 found it hard to move in. The service availability for the middle aged
and younger people is highly restricted by the present policy.
There is no helping program and
counseling services offered in many shelters/hostels. 69.2 per cent of bed-spaces have no social workers responsible
for providing professional service.
There is also no rehabilitation program offered to those who are
suspected to be drug addicts, alcoholics, and mentally ill patients. Also, even for those who have no problem,
they cannot easily get back on track to restart their lives without any
professional help from social workers.
Therefore, the service quantity and quality of shelters/hostels services
are have to be improved definitely.
Furthermore, all the shelters/hostels should have basic necessities,
such as lockers, telephones, cooking facilities, so as to attract
street-sleepers to move in. The helping
process can be furthered in the shelters/hostels when they are settled in
there.
6.6 Walk for an hour to have
a free meal
Hunger is common among
street-sleepers. The Government does
not provide any free meal service by itself but subsidize only one NGO to
provide free meal to people in need. To
have free meal, one must get the approval from the Social Welfare Department
and duration of having free meal is for only one month. Some street-sleepers may need to walk for an
hour to get there to have a free meal.
6.7 Recommendations
1. The Hong Kong SAR Government should conduct a more comprehensive
survey to identify the number and needs of street-sleepers and review the existing
policy to help them re-integrating into the society. The problem of street-sleeping should be given in a higher
priority in the government agenda.
2. Since unemployment is the one of the main reasons leading to
street-sleeping, The Hong Kong SAR Government should formulate appropriate
labor policy and social security policy to prevent people falling into
street-sleeping.
3. Integrated service
should be the mode of street-sleeper service.
Such service should include outreaching service, day centre service,
hostel service, counseling, rehabilitation services (such as drug and alcohol
abstaining services) as well as employment counseling service. These services would be better to be
operated by NGOs under the subvention of Government. Hostels of integrated service should be located in the urban
areas so that street-sleepers can easily get access to the service.
4. More outreaching
teams, including medical professionals, should be established to serve all the
street-sleepers in Hong Kong.
5. The Hong Kong SAR
Government should standardize the facilities provided in all shelters. Such standardized facilities should include
telephone, kitchen, private locker, and air-conditioning. Shelters should not be closed in the
daytime. Moreover, the Government
should subvent shelters to improve its facilities
Chapter 7. Mentally Ill
7.1
Increasing number of mentally ill
According to the Hong Kong Rehabilitation Programme Plan
(98/99-02/03), the estimated
number of people suffering from mental illness rose from 882,039 in 1994 to 1,203,188
in 1998 while the attendance of psychiatric out-patient clinic multiplied from
320,495 in 1995/96 to 432,069 in 1999/00.
Article 12 of the International Covenant on Economic, Social and
Cultural Rights recognizes 'the right of everyone to the enjoyment of the highest
attainable standard of physical and mental health.” However, there are a lot of problems and acute inadequacy in the
existing service for the mental illness and all of it deprives the health right
of people who suffer from mental disorders.
7.2 Low percentage of using new anti-psychotic drugs
Mental ill patients in Hong Kong are prescribed drugs that most
western countries abandoned to use decades due to their side effects. Anti-psychotic drugs invented in the 60's
such as Largactil, Haloperidol are still commonly used. Hospital Authority, which manages public
medical institutions, only spent around 6.1 % in 1998 of its medication budget
on using new drugs in psychiatric services.
In order to save costs, public doctors use outdated anti-psychotic
drugs even though the destructive side effects of traditional medicine are well
known. Therefore, patient will trend to
refuse having any medical treatment.
The government concerns how to save costs instead of how to enhance
their quality of life. Due to improper
medical treatment, the health rights of mental ill patients are absolutely
ignored.
7.3 Short consultation time
but during long queuing
Follow-up consultations in outpatient psychiatric services are
important to detect early signs of relapse or to offer proper diagnose. Deplorably, the consultation time for
patients is seriously inadequate. From
1999-2000, the average number of patients in three-hour consultation session in
outpatient clinic was 14.2 that meant psychiatrists could only spend less than
10 minutes on each patient. For the newcomers, they needed to wait
around two months for their first consultations.
7.4 Poor Community
Psychiatric Services
To avoid prolonged institutionalization, the shifting of medical
services from hospital-based to community-based is necessary. Unfortunately, the government only shows its
half-hearted concern on the issue of imbalance between hospital-based and
community-based medical services. In
fact, there were only 62.5 community psychiatric nurses for all outpatients in
1998/1999. The number of placements in Day Hospital
slightly increased from 550 in 1992/1993 to 639 in 1999/2000. Poor community psychiatric services fails to
address vicious cycle of relapse and even worsens the situation.
7.5 Inadequate
rehabilitative residential services
Residential facilities under respectable therapeutic treatment
ironically contribute to the rehabilitation of former mental patients. There are three types of residential
placements in Hong Kong that are halfway houses, long stay care homes and
supported hostel for semi-independent living.
Halfway houses and supported hostel are based on the rational of community-based
rehabilitation while long stay care homes are more institution-based.
Although the government admits the urgent need of residential
services, the estimated demand of those facilities by the government has never
met. According to Hong Kong
Rehabilitation Programme Plan (98/99-02/03),
the shortfalls for placements of halfway houses and long stay care homes were 691
and 1667 in 1999-2000 respectively. Worse
still, the situation will remain unchanged in the following years.
To prevent relapse and readmission of dischargees of the halfway
house, an alternative residential facility has been recommended by academics
and even government officials. In the
1995 White Paper stated the
Supported Hostel for Semi-independent Living or Supported Housing for
Independent Living” to serve those dischargees that are important for patients
to integrate into the community.
Nevertheless, the government only provides 20 placements for supported
hostel. The only supporting housing with
24 placements in Hong Kong is provided by a non-governmental organization
without any government subvention.
7.6 Poor counseling and
after-care services
Follow-up counseling service for mental patient or formal mental
patients is provided by requiring them actively contact medical social workers
in hospitals and clinics. However, the
medical social workers are already overburdened by their very heavy
caseloads. With reference to the
recommendation by the former Medical Development Advisory Committee,
the manning ratio is one medical social worker to 250 out-patient psychiatric
cases. Such ratio is impossible to
provide in-depth services and assure the quality of social rehabilitation.
7.7 Mentally ill dumping in
cage homes
There is a phenomenon that some of ex-mental ill patients and severe
mental patients are dumped in cage home or tenement cubicles in old urban area.
According to Society for Community
Organization's (SoCO) cage-home survey conducted in 1997,
10 percent of tenants were ex-mental ill patients. With a lack of comprehensive rehabilitation policy, they become
homeless after a short stay in hostels or discharge from medical
institutions. As they have difficult to
be employed, most of them have to rely on Comprehensive Social Security Assistance. They can receive only a scanty rental
allowance of $1,505 per month. With
that meagre amount, they can only rent a bed in a cage home. The poor living conditions have aggravated
their illness which restraint their rehabilitation and reintegration into the
community.
7.8 Inadequate Vocational Rehabilitation
Services
In accordance to a Baseline Survey on
Employment Situation of Persons with a Disability in Hong Kong 1997,
the unemployment rate of mentally ill (31.4%) was the second highest compared
with other disability groups. However,
the general unemployment rate of Hong Kong in 1997 was 2.2%. As the government's half-hearted concern on
the vocational needs of all disabled groups, unemployment rate of the whole
population of the disabled job seekers has never officially been recorded. Besides, the government takes no positive
action to improve current vocational rehabilitation services in order to
enhance the employment rate of ex-mental patients.
As stated in 1995 White Paper, to meet the goal of full
participation and equalization of opportunities in the context of employment
and vocational rehabilitation, the objective is to ensure that people with a
disability have an equal chance to participate in productive and gainful
employment in the open market.
Vocational rehabilitation enables people with disabilities to secure,
retain and advance in suitable employment and thereby to further their
integration into society.” Most common
vocational rehabilitation services are sheltered workshops, supported
employment services and selective placement services. Despite the government has stated the excellent objectives, it
has done little on that.
Sheltered work is provided in a planned and
controlled environment for people with disabilities. It ultimately aims at moving on to supported and open employment
as far as possible. The shortfall of
workshop vacancies has never fulfilled.
In 1999/2000, the shortfall is 3,167. The time of many capable disabled job
seekers has been wasted in prolonged queuing.
Supported employment service is a kind of
employment service for people with disabilities which allows them to work in an
integrated open setting with necessary counseling and support services. Although it is important step to receive training
in supported employment before open job seeking, it is only 1070 supported
employment places for all disabled people.
Most of the former mental patients are easy to relapse in facing high
pressure when they are forced to find open employment without proper
counseling.
The Labor Department in Hong Kong is responsible to provide
selective placement service to assist people with disabilities in finding open
employment. Nonetheless, its work just
confines to job matching and some interview techniques’ training. Between 1994 and 1999, the Selective
Placement Division recorded only 28.1-30% of successful rate for ex-mental
ill. There was only 265 former patients
had been offered job through selective placements scheme in 1999.
7.9 Recommendations
1.
The Hong Kong SAR Government should
reform the medical system, by placing more psychiatrists, community psychiatric
nurses, medical social workers in order to develop a more comprehensive community-based
treatment plan.
2.
The Hong Kong SAR Government should use
its medication budget for buying more new psychotic drugs.
3.
The Hong Kong SAR Government should
fill the service gap between institutionalization and community-based
rehabilitation by providing various residential facilities for the mental and
ex-mental patients.
4.
The Hong Kong SAR Government should
provide more long-term care residential facilities in order to shorten waiting
time of the severe mentally ill.
5.
The Hong Kong SAR Government should
provide follow-up counseling services for the ex-mentally ill in order to help
them to re-integrate into the community.
6.
The Hong Kong SAR Government should
improve the coordination between medical institutions, non-governmental
organizations and mental ill patients’ families to prevent from re-admission of
hospitals and to provide comprehensive services for the patients.
7.
The Hong Kong SAR Government should
provide more vocational training and rehabilitation resources for the mentally
ill.
Chapter 8: Care for the
Elderly
8.1 The Problem of Aging
The population in Hong Kong has been aging.
According to Census and Statistics Department, 14.9% of our population now aged
60 and above in 1999. The elderly population will grow a further 2,341,100 by
year 2029, when it will constitute 25.8% of the total population.
Aging is associated with disease and
disability. Previous studies have shown that about 50% of elderly persons have
chronic illness and 20% some form of disability. They are prone to rapid
deterioration and fluctuation. Their needs are multiple, including medical
care, residential, community care and psychological support.
It is no surprise that elderly persons are
heavy consumers of health care resources. In March 1999, about 47.7% of the
in-patients using hospital services are aged 65 or more.
Besides, those old persons have shared 35% out-patient services in Government's
clinic. 60% of the targets using community nursing service belong to the old
age group. However,
the elderly's quality of life is unsatisfactory in Hong Kong and the suicide
rate of the elderly in Hong Kong is deplorably high, up to astonishing 31.2%,
which is greater than other Asian counterparts.
8.2 The Problem
of Health Care Services for the elderly
Compartmentalized Health Care Provision
In Hong Kong, health services are delivered
in compartmentalized institutional setting which is characterized by a lack of
interface across the different levels of care, including primary care and
inpatient care, private sector and public sector, acute services and community
services. The
Government only provides fragmented health, medical and community care services
in different departments including Department of Health (DOH), Hospital
Authority (HA) and non-Governmental organizations (NGOs). It is lack of
co-ordination with those varied services. As the health authority in H.K., the
Department of Health operates a wide range of primary health care services.
Owing to poverty problem of the elders, most of them consume comparatively
cheap medical services in public sector.
Unbalanced Health Service Development
The Hong Kong SAR Government has not
increased the weight of primary health care in local health care system. She
injects more resources in the secondary care rather than in primary health care
system. Hospitals constitute a major component in Government's public health
care expenditure. The budget allocated to HA in 2000/2001 is $28.9 billion.
In terms of financial resources, the annual budget of the Department of Health
increased by an average of only 4.8% annually in real term from 1992/93 to
1997/98, which was moderately lower than the 5.1% real annual economic growth
and significantly lower than the 8.3% real annual growth in subvention for HA
over the same period.
Thus, the local health care system has not been developed in a healthy way. The
primary health care has not been emphasized. It has not received adequate
attention. Undoubtedly, the gatekeeper of this health care system is very
handicapped.
8.3 The Problem of Primary Health Care System
Lack of Comprehensive Primary Health Care Policy
Primary health care is participatory care:
bad habits increase cost to the community. Primary health care can be promotive
or preventive. It covers areas such as health education, family planning,
maternal and child health, immunization and the treatment and control of
diseases. We are
very disappointed that the Government has never planned primary health care
policy and implemented comprehensive primary health care services in Hong Kong.
Though the Government has published a Report of the Working Party on Primary
Health Care in 1990 and the consultation paper on Towards Better Health in
1993, she has not implemented those recommendations in primary health care
services.
Short physician time spent with patients and poor
patient recordsS
Primary health care services are delivered
through a network of clinics and health centres. Primary medical care is also a
part of primary health care.
It is provided in the from of medical consultation and dispensary services in
services in the public out-patient clinics throughout the territory.
Dissatisfaction is centered on their services quality. Relatively short
physician time spent with patients seems to be the norm in Hong Kong.
Their Household Telephone Survey (1998) shows that half of the patients who had
visits for a fever/cold/flu saw their general practitioners for 5 minutes or
less. It absolutely reflects the depth and intensive of each diagnosis.
42% of respondents in their Patient
Satisfaction Study considered consultation times to be too short. Furthermore,
there is no accommodation made for the elderly, who comprise a large proportion
of public clinic attendees and require more time for consultation. Regular
patients at a public clinic noted that often, elderly people who speak slowly
do not even have time to finish what they would like to tell the doctors .
Evidently, it seems highly questionable that
the physician in out-patient clinics could understand a patient's complaints,
diagnose the problem, recommend a treatment, and educate the patient about the
treatment within a 5 minutes visit. Besides, the family medicine has not been
promoted. There are only 29 family medicine practitioners under Department of
Health. Besides, patient records do not routinely follow patients upon
discharge. In this regard, there is a serious lack of communication or
information exchange between hospital-based and community-based practitioners.
On the other hand, medicine and drug prescription also has incompatible problem
among HA and DOH. It affects the continuity care for the patients with chronic
illness.
Long waiting list for specialist out-patient
department (SOPD) treatment
Because of the poor general out-patient
treatment services, the patients’ services demand are being distorted and flow
to specialist out-patient treatment under HA. There is a long waiting list for
SOPD treatment, which refers to the time elapsed between requesting an
appointment and the actual visit for SOPD treatment. As at 96/97, the average
waiting time for specialties in Geriatrics is up to 12 weeks.
In addition, not all public hospitals provide the specialties in Geriatrics.
Hence, the elderly people living in some certain districts, where have no
specialties in Geriatrics, would go to other districts for using the medical
services. It caused inconvenience and burden to old patients. Owing to
inadequacy of specialties in Geriatrics, those old patients with chronic
illness will be transferred to other SOPD treatment. HA data reveals that the
median waiting time for first appointment at all specialist clinics for
2000/2001 is 5 weeks
According to the HA Patient Satisfaction
Survey revealed that close to half of the respondent were dissatisfied with the
queuing time. The results of this survey also depicted that the long waiting
times could affect not only patient's satisfaction with medical care but also
their health outcomes. It clearly indicated that their health deteriorated
during the waiting period. In addition, HA data shows that the average lengths
of specialty visits range from 5.5 minutes in ophthalmology clinics to 20.8
minutes in radiotherapy and oncology clinics.
The short consultation visits reflect the poor quality services.
8.4 Problems in the Secondary and Tertiary Health Care
Inadequate of Geriatricians and acute and extended care
beds in Geriatrics
The
weakness of primary health care system put increasing strain on acute hospital
services. The iron fact that those old persons whose needs are relatively
generic and those with multiple medical and social problems. They are usually
cared under the co-ordination of geriaticians. However, related to generic
medical service practitioners only limited to about 100 generic doctors.
The ratio of geriaticians to old people is up to 1:9000. Those requiring
continuous medical and nursing care for extended periods of medical
rehabilitation are being cared for in extended care settings. As at March 2000,
there are 1,114 Geriatric beds and 7,736 Internal Medicine beds.
The ratio of acute and extended care beds in Geriatrics to elderly is also up
to 1: 808. It totally depicts the great service gaps.
Extremely long waiting list for infirmary beds
In addition, more than 95% of the general
infirmary patients are aged over 65. A total of 1950 general infirmary beds was
provided as of March 2000. There are at present 5,000 elderly on the central
infirmary bed waiting-list.
The inadequate beds in Geriatrics and infirmary beds made the frail old
patients being forced to discharge without recovery. It increases the burden on
the carers and community cares services.
Shortage of community nursing and day hospital in
Geriatrics
In order to enhance better continuity of care
in the community settings, community nursing and day hospital play the
significant role. In fact, the patients aged over 65 who share the majority
participation rate in community nursing. As at December 1999, they share 78%
visits conducted by community nurses.
However, there are only 325 community nurses in 13 public hospitals serving the
whole population. The ratio
of the old persons to the community nurses is 1:2,769. They cannot meet the
uprising service demand of the elderly. In addition, the placements in day
hospital in Geriatrics only limited to 415, which definitely could not catch up
with the growing up aging population. Whereas those community support services
are not sufficient and comprehensive in Hong Kong, it affects those old frail
people's health condition and rehabilitation progress. It greatly increases
their needs for hospitalization.
8.5 Great Services gaps in
Community Care Services for the elderly
Apart from the acute care and treatment for
the patients, there are many other programmes initiatives in improving the
health and functional status of elderly persons and their quality of life. The
Government contracts out the community care services to the NGOs as service
providers.
Shortage of residential care services for the elderly
Residential care service is paramount to
provide community-oriented long-term care for elderly people who can no longer
be cared for at home. Owing to the shortage of placements in subvented day-care
centres and Care and Attention Homes, the waiting time have worsened rather
than improved. In fact, there are 19,012 elders awaiting for Care and Attention
Homes and its waiting time is up to three years. Besides, 7,341 old persons are
applying for Home for the Aged and the average time is 18 months. For providing
long-term institutional care to low self-care ability senior citizens, nursing
homes represent an alternative way to meet their needs. 4,401 people are
awaiting for nursing homes and the time is even up to 14 months.
Though the Government shifts to buy institutional placements from the private
sectors, the prolonged waiting time phenomena still emerged. Whereas those old
frail people cannot enjoy residential services and being forced to live at home
alone without good care. It absolutely affects their health condition and it
increases elders’ hospital readmission rate.
Problems of home-help team services
The home-help team services comprise of meal
and home care services. Owing to the great service needs of home-bound and
frail elderly, the 163 home-help teams have serious service gaps problem.
Prolonged waiting list problem for meal and care services has been in existence
for a long time. Currently, for the sake of reducing the cost, the Government
contracts out two meal services of home-help team to the commercial sector,
which absolutely affects the service quality. According to the previous studies
from NGOs, the service users commented the poor food quality, not only the
taste, but also the variety is not suitable for the elderly’s appetite.
Actually, the previous home-help services conducted by NGOs would pay concern
and provide extra services to the clients. But now, in accordance with the fast
and efficient principles, the commercial sector only render meal delivery
services.
Limited support and resources for the carers
For a better rehabilitation progress, the
carers play vital role to help the patients to recover well. Usually the spouse
or the family members act the carer’s role. The Government set up two support
and resources centres for carers in 1998. It aims at providing training,
education and supportive services for the carers. But it is unbelievable that
two centres with limited programmes could meet the needs of the great numbers
of carers in the territory. In addition, there is no subsidy or allowance for
the carers in H.K., which has been implemented in Britain many years ago.
Without sufficient financial and community care services support, it will
increase the strain of those carers.
fordability of the elderly for medical fees and
charges
From our estimation, there are 200,000 old
persons living under poverty, who are not receiving welfare assistance. Hence,
they are not entitled to free medical services or any subsidy. Being as the
main service users in medical services sectors, their monthly medical
expenditure is very great. No subventions for the frail poor elderly made their
financial situation plight. It is regret that the Government does not provide
assistance to the old patients with low affordability.
8.6 Recommendations
1. The Hong Kong SAR Government should shorten the long-waiting time of
the elderly to the subvented hostels to one year.
2. The Hong Kong SAR Government should increase the residential
allowance for the CSSA recipients for the elderly.
3. The Hong Kong SAR Government should increase the primary health and
promote family doctor system.
4. The Hong Kong SAR Government should increase the number of bedspaces
and Geriatricians serving the elderly patients. Moreover, the Government should
provide more community nurse to promote rehabilitative service for the elderly.
5. Last but not least, the Hong Kong SAR Government should provide
medical assistance to the non-CSSA, low-income elderly.
Society
for Community Organization Hong
Kong Human Rights Commission Address:
3/F, 52 Princess Margaret Road, Homantin, Hong Kong. Tel:
852-2713-9165, Fax: 852-2761-3326 E-mail:
soco@pacific.net.hk,
hkhrc@pacific.net.hk website: http://www. kkhrc.org.hk
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