Hong Kong may amend its race hate law to protect mainland visitors
Widening the legislation could be an option to protect mainland visitors, says equality chief, after 'anti-locust' protests in Tsim Sha Tsui
Hong Kong could extend its anti-discrimination laws to protect mainlanders against abuse, as the debate over the number of visitors to the city becomes increasingly vitriolic.
The chairman of the Equal Opportunities Commission, Dr York Chow Yat-ngok, said yesterday it was possible to amend race hate laws to cover discrimination against members of the same ethnic group. Chow, a former health minister, said such a move would be difficult but that it was worth considering given the current climate.
Several senior government officials condemned the protest on Sunday that targeted mainland tourists in Tsim Sha Tsui, as animosity reaches new levels in the debate over how many tourists the city can handle.
Under the city's Race Discrimination Ordinance, inciting hatred against a person on the grounds of race or nationality is liable to criminal prosecution. It would not apply to Sunday's incident as mainlanders and Hongkongers are of the same race and nationality.
"We may consider having the law amended to address discrimination within the same ethnic group," Chow said.
"We are in the process of reviewing the anti-discrimination laws, and will factor in the current situation and seek legal advice on how to include clauses to deal with this situation."
No one has been prosecuted under the ordinance since it came into effect in 2009.
Chow said that in 2008, when the ordinance was drafted, the government took the position that mainlanders and Hongkongers should not be differentiated by race and nationality.
Chow described Sunday's "anti-locust" protest, when police had to intervene as 100 people marched from the Star Ferry pier to Canton Road, as "unacceptable".
Slogans such as "Go back to China" and "Reclaim Hong Kong" were chanted, and some protesters shouted abuse at mainlanders. The protesters demanded the government curb tourist numbers to the city. The number of visitors is expected to grow to 100 million a year by 2023.
"Hongkongers have always treasured their freedom to protest and their freedom of speech. But we have to ensure that there is respect. [Hongkongers] cannot infringe upon other's rights," Chow said.
He added that calling mainland tourists "locusts" or other derogatory terms could be considered an act of discrimination.
Chow said legislation should be a last resort. "We should be aiming much higher. Hong Kong is a free and international city."
Police Commissioner Andy Tsang Wai-hung said yesterday the protesters' actions had gone "beyond what is permissible under the law".
"The fact that shops had to stop operating, that customers had to retreat into shops … seems to me that there was a breach of the peace. We are following up with this according to the law and we don't exclude the possibility of making arrests."
A local deputy to the National People's Congress was criticised in an editorial carried by Global Times, a state-run newspaper, for his proposal to limit the number of tourists coming to Hong Kong. It said a proposal by Michael Tien Puk-sun of the New People's Party was "selfish and only trying to maximise Hong Kong's interests".
Additional reporting by Tanna Chong and Ernest Kao