31st December 2014
Hong Kong has been going through a challenging time since the launching of the ‘Umbrella Movement’. Different stakeholders seize the chance to express their views in different forms, children no exceptional. A 14-year-old child drew flowers on the ‘Lennon Wall Hong Kong’, but her freedom of expression is not being respected.
We question the procedures of police handling the child. As children, we thought that detaining a child for 17 hours, as reported by the media, is way too much for a 14-year-old child. According to article 37b of the UNCRC, effective in Hong Kong since 1994 states, “The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time.” We also request an explanation from the law enforcers for their disproportional force applied to the child during arrest.
Secondly, we seek to reinforce the importance of upholding ‘the best interest of the child’ principle in any legal case involving children. The magistrate decision to send the child to ‘children’s home’ for more than half a month, which would separate her from her parent and schooling. We hope this decision is made based on the principle of ‘best interest of the child’ in the full knowledge of all circumstances. ‘Best interest of the child’, according to the UN guidelines, should consider aspects in the following checklist:
(a) the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);
(b) his/her physical, emotional and educational needs;
(c) the likely effect on him/her of any change in his/her circumstances;
(d) his/her age, sex, background and any characteristics of his/her which the court considers relevant;
(e) any harm which he/she has suffered or is at risk of suffering;
(f) how capable each of his/her parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his/her needs;
(g) the range of powers available to the court under this Act in the proceedings in question.
In a child’s perspective, we are aware of that the separation of her and her parent might not meet the standard of point (b), (c). Besides, we are also concerned about whether the child is fully informed of her rights in the court and given the chance to express her opinions. We hope that the authorities concerned will explain to the public the rationale of the handling procedures of this case.
Thirdly, the UNCRC entitles children’s freedom of expression. ‘The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child’s choice’, Article 13 clearly states. We urge the government to ensure that there are sufficient and effective channels for children to express their views.
Moreover, after this issue, children may be discouraged to exercise their freedom of expression. In children’s perspective, we are afraid that we would face similar consequences the girl faces. Therefore, we wish to highlight that children’s right to expression should not be deprived of for any political reasons.
Children have the rights to participate in socio-political activities and express themselves in a comfortable way. They deserve effective channels to speak up for themselves. We hope stakeholders of society, including law enforcers, justice authorities, and the community will safeguard children’s rights to expression hand in hand.
Kids’ Dream is the first child-led organization established in 2006 with members mainly aged below 18. We aim at promoting the United Nations Convention on the Rights of the Child and children’s rights. We advocate “Children speaking for Children” across issues related to 1.1 million children aged under 18 in HK. www.kidsdream.org.hk/