Education International Barometer of Human & Trade Union Rights in Education
China (Hong Kong SAR)
Hong Kong Special Administrative Region of the People’s Republic of China
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  Pre-primary Primary Secondary Tertiary Spending % of
China (Hong Kong SAR) Total %F %P GER NER Total %F %P GER NER PTR Completion
% Total
Completion
% F
Total %F %P GER NER PTR Total %F %P GER GDP Public
Spending
2009 47.79 1598 120.53 369047 314344 90.96 91.96 511872 427518 82.08 75.59 254273 4.5 23.38
2008 138393 48.26 112.11 389937 47.84 336717 101.87 16.55 89.8 90.29 513787 48.72 437202 82.87 252615 55.58 3.34 23.55
2007 140783 48.11 104.67 414501 361429 103.32 93.6 16.94 510284 48.77 439474 83.09 75.46 194236 42.16 3.52 25.54
2006 149155 47.95 101.05 429892 47.97 377641 99.8 17.76 500708 48.82 437430 75.09 155324 33.34 3.91 32.69
2005 130213 48.44 99.96 33.85 72.96 451171 48.04 400762 104.72 92.68 18.35 498354 440361 87.22 152294 51.05 31.39 23.38
2004 136169 48.43 99.95 70.04 63.16 472863 48.06 10.69 108.13 93 18.76 99.29 100 492779 48.9 10.82 84.92 77.57 17.61 147724 51.22 3.6 30.44 4.69 23.3
2003 143790 48.25 99.95 72.03 65.85 487465 48.09 10.43 109.84 93.21 19.77 99.6 100 487218 48.8 10.56 82.66 75.79 17.91 146039 50.31 3.31 30.22 4.42 23.33
2002 156274 48.19 100 76.36 70.08 497376 48.06 10.43 110.46 93.26 20.17 99.34 100 488510 48.63 10.59 81.7 74.45 18.17 4.11 21.89
2001 161003 48.3 100 77.06 71 498175 48.06 109.07 92.97 21.09 490039 48.48 81.01 73.56 18.51 3.99 22.87
2000 171138 48.37 100 80.62 491851 48.2 106.21 21.29
1999 175073 48.36 100 81.45 476802 48.16 101.62 21.55
Last updated: 18 June 2007

Introduction

Hong Kong is a Special Administrative Region (SAR) of the People's Republic of China. The Basic Law of the Hong Kong SAR and the 1984 Sino-British Joint Declaration on the Question of Hong Kong confirm that Hong Kong will enjoy a high degree of autonomy except in defence and foreign affairs. The Basic Law provides for protection of rights and calls for increased democratisation beginning in 2007: "the ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures." The Basic Law adds that the "ultimate aim is the election of all the members of Legco [legislative council] by universal suffrage."

Currently the selection of the Chief Executive is made by an 800-person committee composed of people who are elected directly or indirectly or who are appointed. The Chinese government rejected universal suffrage for Hong Kong's upcoming 2007 and 2008 elections. The Hong Kong government exercises a high degree of local autonomy. Legco members are elected to 4-year terms. Hong Kong sends 36 delegates to the China's National People's Congress. Women hold 11 of the 60 Legco seats and make up 17% to 23% of the membership of major political parties. The President of the Legco is a woman, as are the heads of several government departments. There are no ethnic minorities in the Legco, but some hold senior civil service positions.

Judges are nominated by an independent commission and appointed by the Chief Executive subject to endorsement by the legislature. The judiciary is independent in law and in practice. Corruption and impunity are not reported as problems.

Freedom of speech and of the press are respected, but the Hong Kong Journalists' Association annual report noted a "continued perception that some sections of the media are engaged in self-censorship." International media operate freely.

Police used a new law to conduct a sweep of child pornography Web sites in co-operation with agencies in other countries. Access to government information is provided to citizens and non-citizens. A couple of 1989 Tiananmen Square student leaders were denied entrance to the SAR for a conference, though other Tiananmen Square student leaders have been allowed to enter.

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?Education Rights

Free, compulsory education is provided for ages 6 to 15, and placement services are provided for non-Chinese speaking children. Almost all school-aged children are in school, with boys and girls enrolled in equal proportions. The UN Committee on the Rights of the Child criticised Hong Kong's implementation of the UN treaty, outlining a number of problem areas, including the persistence of corporal punishment and discrimination against undocumented migrant children. The Committee recommended that the government create a single unified law or policy pertaining to children and establish a body representing children's views.

It also recommended the banning of corporal punishment and an increase in funding for child welfare programs. The government said it would consider the Committee's recommendations, but rejected the call for a single comprehensive policy or law concerning children.

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?Early Childhood
Education (ECE)

A child care centre law helps prevent unsuitable persons from providing child care services. A 3-year ECE programme begins at age 3. There are 8,517 ECE teachers (99% female), and 88% of them are trained. The pupil/teacher ratio (PTR) is 16 : 1.

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?Primary Education

Primary education begins at age 6 lasts 6 years. 93% of primary education is private. Only 1% of students repeat grades. All students who enrol in Grade 1 reach the last grade of primary school. There are 25,194 primary teachers (78% female), and 92% of them are trained. The PTR is 19 : 1.

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?Secondary Education,
Vocational Education and Training

A 7-year programme begins at the age 12. At this level, 90% of education is private. 2% of students study in technical vocational programmes. 5% of secondary students repeat grades. The Net Enrolment Rate (NER) is 76%. There are 27,922 secondary teachers (56% female). The PTR is 18 : 1.

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?Tertiary/Higher Education

There are 155,761 students (51% female) in tertiary institutions. 3% of tertiary education is private. 3,270 foreign students study in Hong Kong, coming for example from other Asian countries (1,060) and North America (101). At the same time 34,199 students from Hong Kong study abroad, mainly in Australia (13,165), the UK (10,577), the USA (7,353) and Germany (1,852).

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?Children with Special Needs

Discrimination against persons with physical and mental disabilities persists in education and in some public services. Sheltered workshops provide vocational training and some employment. The last government survey found 269,500 persons with 1 or more disabilities, of whom 3,241 were working as civil servants. About 38% of disabled students study in public schools. A variety of special needs activities are implemented, including youth education programs, guidelines and resources for employers, media campaigns, seminars and research.

Legislation raised the age of criminal responsibility for children from age 7 to age 10. Detention, training and rehabilitation centres are available for incarcerated juveniles.

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?Refugee Children

The 1951 UN Convention relating to the Status of Refugees and its 1967 Protocol do not extend to Hong Kong, and the SAR eliminated its temporary protection policy. The government refers refugee claimants to the UNHCR. Those granted refugee status and those awaiting assessment receive an allowance but are not allowed to seek employment or enrol their children in local schools.

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?Minorities and Indigenous Peoples

Filipinos, Indians and Nepalis constitute growing minorities in Hong Kong. When Hong Kong changed its education policy to make Chinese rather than English the language of instruction in the majority of schools supported by government, children from minority groups were affected disproportionately since many did not speak Chinese. Education support services funded by grants to schools include induction for newly arrived children and instruction in Chinese. But further analysis is required to assess how far such support programmes are based on the real needs of minority children and their communities.

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?Academic Freedom

The Basic Law provides for academic freedom. However, in January 2007, the Mayor of Taipei was denied a visa to attend a seminar at the University of Hong Kong on culture and city management. Observers linked the refusal to statements against the secession of Taiwan. There are no restrictions on the use of the Internet.

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?Gender Equality

The law treats women and men equally in terms of property rights and inheritance, but women face discrimination based on traditional practices. A 2004, survey showed that, though 75% of private companies have female senior managers, women are still disproportionately represented in the lower levels of the work force. The Sex Discrimination Ordinance prohibits sexual harassment of women. The government extended the definition of sexual harassment in schools to cover conduct such as chanting obscene slogans or displaying posters with sexual content.

Domestic violence is cited as a growing problem in a University of Hong Kong survey. Changes to guidelines to combat domestic violence have been proposed. Trafficking in persons is not prohibited in law, and Hong Kong is a transit route and destination for persons trafficked for sexual exploitation from China and Southeast Asia.

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?Child Labour

The minimum age for employment of is 15. Children aged 13 and 14 may work in certain non-industrial establishments provided they complete a minimum of 9 years of education. Workplace inspections enforce compliance. For youth aged 15 to 17, work hours in the manufacturing sector are limited to 8 hours a day and 48 hours a week between 7 am and 7 pm.

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?Trade Union Rights

Workers have the right to establish and join trade unions. 21% of employees belong to labour unions that are independent of political parties and government. Union funds cannot be used for political purposes. The Chief Executive's approval is required before unions can contribute funds outside the SAR. Collective bargaining is not practised widely. The government does not engage in collective bargaining with civil servants' unions. Tripartite committees include representatives from trade unions. Strikes are legal, with restrictions for civil servants.

Forced or compulsory labour is illegal. In 2001 the SAR government was criticised by the UN Committee on Economic, Social, and Cultural Rights for failure to establish regulations on a statutory minimum wage, maximum working hours, paid rest breaks, compulsory overtime and protection against unfair dismissal. Only foreign domestic workers have a standard wage of US$426 a month (HK$3,320). Wage levels are fixed by individual agreement between employer and employee and are determined by supply and demand. 2-income households are the norm.

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Country/Territory name Hong Kong Special Administrative Region of the People’s Republic of China
Population 6900000 (2005)
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