(43) The Committee invites the State party to submit its core document in accordance with the requirements of the Common Core Document in the Harmonized Guidelines on Reporting, as approved by the international human rights treaty bodies and contained in document HRI/GEN/2/Rev.5. (44) The Committee requests that the State party provide, within one year, information on its response to the Committee’s recommendations contained in paragraphs 11, 15, 17 and 23 above. (45) The State party is invited to submit its next periodic report, which will be considered as its fifth periodic report, by 21 November 2012. 39. Hong Kong (1) The Committee against Torture considered, at its 844th and 846th meetings, held on 7 and 10 November 2008 (CAT/C/SR.844 and 846), the report of the Hong Kong Special Administrative Region (HKSAR), forming part of the fourth periodic report of China (CAT/C/HKG/4). It adopted, at its 864th meeting on 21 November 2008 (CAT/C/SR.864), the following concluding observations: A. Introduction (2) The Committee welcomes the submission of the report of the HKSAR, forming part of the fourth periodic report of China, as well as the written replies to the list of issues (CAT/C/HKG/Q/4/Add.1). which provided additional information on the legislative, administrative, judicial and other measures taken for the implementation of the Convention. B. Positive aspects (3) The Committee welcomes: (a) The Hong Kong Bill of Rights Ordinance (Cap. 383), which incorporates into HKSAR’s law the provisions of the International Covenant on Civil and Political Rights; (b) The enactment of the Independent Police Complaints Council Ordinance on 12 July 2008, providing that the Council will start operating as a statutory body in 2009; (c) The new Guidelines on Searching of Detained Persons introduced and applied by the Police since 1 July 2008, aimed at ensuring that searches are conducted respecting the privacy and dignity of individuals; and (d) The measures taken to tackle domestic violence, including the strengthening of services to assist victims and the passing of the Domestic Violence (Amendment) Bill in June 2008. (4) The Committee notes that HKSAR is taking the necessary steps to give effect to the provisions of the Optional Protocol on the sale of children, child prostitution and child pornography in order to extend its application to HKSAR. C. Main issues of concern and recommendations Definition of torture (5) The Committee takes note of the HKSAR’s explanation with respect to the limitation of the term “public official”, in Section 2 (1) of the Crimes (Torture) Ordinance, to those professionals normally involved in the custody or treatment of persons deprived of their liberty. Nevertheless, the Committee reiterates its concern expressed in the previous concluding observations, that the way Section 2(1) of the Crimes (Torture) Ordinance is currently drafted is too restrictive and may create in practice loopholes preventing effective prosecution of torture. 28

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents