TIME FOR HONG KONG TO LEGISLATE ON RACIAL DISCRIMINATION

Today is the International Day for the Elimination of Racial Discrimination.

This day will be more meaningful if the Hong Kong government commits itself to legislation prohibiting racial discrimination.

The Legislative Council passed a motion on March 12 urging the government to adopt the recommendations of the relevant United Nations committees and expeditiously legislate against racial discrimination.

The International Covenant on the Elimination of All Forms of Racial Discrimination (ICERD) has been applicable to Hong Kong for more than 30 years. Paragraph 1(d) of Article 2 of the ICERD says, 'Each state party shall prohibit and bring to an end, by all appropriate means, including legislation as required by circumstances, racial discrimination by any persons, group or organisation.'

The Committee on ICERD does not accept the argument put forward for not initiating such legislation. The Committee on Economic, Social and Cultural Rights is of the view that Hong Kong's failure to prohibit race discrimination in the private sector constitutes a breach of its obligations under Article 2 of the Covenant. Clearly, Hong Kong has a legal and moral obligation to enact such legislation to give force to the covenant.

The business community has expressed concern over the implications. Many feel that the law is a piece of legislation that impedes the free-market economy.