The Hong Kong government, long accustomed to deferring to the wishes of the business community, now finds itself hoist with its own petard over the race discrimination bill, which it has promised to introduce into the Legislative Council shortly.
For one thing, the government, which is obligated under international covenants to legislate, dragged its heels for many years. Then, when it decided to test the water, it first surveyed the views of the business sector before finding out what others in the community thought.
Three years ago, it took the plunge and announced it would draft legislation to make racial discrimination an offence. In February, it announced the legislation would be introduced 'shortly'. Now, it appears, there is going to be another delay, and again, it seems, this is to accommodate the business community.
The irony is that the government decided to oblige the business sector by providing an exemption from the law for companies that offer so-called 'expatriate packages'.
In a paper on the proposed bill, the administration explained why there would be such exceptions.
'Under the proposed bill,' the paper explained, 'it is unlawful for a person ['the discriminator'] to discriminate against another person in a protected area of activity [for example, employment] if on the grounds of the race of that other person, the discriminator treats that other person less favourably than the discriminator treats, or would treat, other persons.'
The paper then says that companies will be granted exemptions so they can offer 'overseas terms' to certain employees. Such exceptions, the government argued, 'help to ensure that Hong Kong's position as an international financial and trade centre would not be affected'.