TNAG-0918-FCO40-1129-Human-rights-in-Hong-Kong-1977 — Page 5

G.r. 32

of "reasonable excuse". The Director of Education is responsible for assessing the circumstances in each case, and of deciding as to whether the excuse offered is reasonable.

The circumstances would be considered in the light of the child's family background, home environment and physical condition. Example of what might be considered "reasonable excuse" would be that the child was in custody of an institution where some form of schooling was available; that the child is living with his family on a fishing boat which is frequently away from the Colony; that the child is seriously ill. These examples do not, of course, exhaust the number of hypothetical situations which the Director of Education may, in the exercise of his discretion, regard as a "reasonable excuse"

So far, the Director of Education has not been found necessary to make use of his compulsory powers. This may well be due to the great importance given by the community in Hong Kong to education, and to ensuring that children make the maximum use of educational opportunities.

The attendance levels for the primary age group in Hong Kong compares favourably with those for countries provided with the most elaborate statutory provision for compulsory attendance. It is therefore agreed that reservation under this article can be avoided.

Covenant on Civil and Political Rights

Article 1

Article 10.1

Noted.

All persons deprived of their liberty are treated in accordance with the respective laws applicable to the various types of institution and taking into consideration humanity and respect for the human person.

Article 10.2(a)

Rule 190 of the Prison Rules, which have the force of law, states that "prisoners awaiting trial shall be kept apart from convicted prisoners and shall not be allowed to associate with them at any time“. Such a prisoner may be supplied with food of his own choice if he so wishes. He may wear his own clothes and does not have to work unless he so wishes (and if he does he will be paid). He may receive and retain books, newspapers and other material and may be visited each day. He may write and receive a reasonable amount of letters and those to his legal advisers shall not be censored. He may be examined at any time by his own medical practitioner.

3

CONFIDENTIAL

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C