Don’t hamper Hong Kong’s quest for equality with spurious restrictions
- Hong Kong’s Equal Opportunities Commission must be given the leeway to expand its scope rather than be bound by specific areas
Hong Kong prides itself on being a diverse international city with laws designed to ensure equal treatment. The Equal Opportunities Commission (EOC) is responsible for overseeing legislation in specific areas.
The city has laws against discrimination on the grounds of sex, disability, family status and race. But the commission’s work has, for years, gone beyond those areas, covering research into other types of discrimination, such as on the grounds of sexual orientation or age.
The study of these pressing issues and the possibility of new legislation would appear to be a natural part of the commission’s activities. It is perfectly placed to investigate such matters.
But the EOC had been advised by the Department of Justice that work of this kind goes beyond the legal remit of the organisation. It cannot stray further than the legislation already in place.
Work on legal amendments to protect the LGBTQ community, ongoing for more than 18 months, has been stopped as a result of the advice, which the commission’s own lawyers agree with.
Hong Kong equality body told to back off from law changes to protect LGBTQ people
Commission chairman Ricky Chu Man-kin, speaking at a panel discussion on diversity and inclusion to mark the 120th anniversary of the South China Morning Post, said the body was now looking at existing laws instead, to see if they could be applied.
The commission has, in the past, researched discrimination on the grounds of sexual orientation, publishing a report in 2016 calling for legislation. It has also made submissions to UN institutions on the issue. No laws have been passed.
Another study commissioned by the EOC in 2016, highlighted significant levels of age discrimination and showed strong public support for new laws to combat it.
The fight against discrimination is not frozen in time or limited to four areas. The EOC should be permitted to explore the development and expansion of Hong Kong’s legal armoury against unequal treatment. This may require an amendment to the law to broaden its mandate to that extent.
A landmark ruling by the top court in September required the government to develop a framework for recognising “core rights” of same-sex couples.
Other court decisions have outlawed discrimination against members of the LGBTQ community in specific areas. It would make sense for a law on discrimination on the grounds of sexual orientation to form part of steps to be taken in this area.
A recent study showed 71 per cent of the community to be in favour of such a law.
The commission should be at the heart of promoting and preventing discrimination of all kinds. It is well-positioned to conduct research and make proposals that enhance Hong Kong’s international reputation by furthering diversity and inclusion.
