Hong Kong is finally introducing legislation to outlaw racial discrimination, almost a decade after the idea was first included in a consultation exercise in 1997. The move is a welcome step to plug a major loophole in our rights protection regime.
Although it is a predominantly Chinese society, Hong Kong has long been home to a substantial non-Chinese community made up of people from diverse cultural backgrounds and ethnic origins. Members of different racial groups have largely lived in harmony and no serious racial conflicts have ever occurred here.
Yet, it is an undeniable fact that racial prejudice exists in Hong Kong. Racial discrimination is a real problem for members of ethnic minorities as they try to look for housing, schooling and work. There have also been cases where members of the ethnic majority have been victims of discrimination. At last, an attempt is being made to outlaw repugnant acts of this kind through the Race Discrimination Bill.
The bill appears to have generally adopted a sensible approach in outlawing both racial discrimination and harassment. It has tried to give clear definitions of what will constitute discrimination. It has also listed situations in which exemptions will be granted. For example, the bill provides that it is not an offence to discriminate on the basis of race where services of a personal nature are provided or where the work requires familiarity with the language, culture and customs, or sensitivity to the needs of a racial group. This would allow an employer to hire a live-in domestic helper of a preferred race. An exemption has also rightly been granted to owners of small flats - but not big ones - in choosing tenants, when they sublet their home.
A reasonable exemption has also been made for expatriate packages. As long as such favourable terms are not given on the basis of a person's race, they will not constitute an offence. This should allay fears that the law will affect Hong Kong's ability to import foreign professionals.
A significant - and controversial - feature of the bill is that it does not require affirmative action to be taken to meet the special needs of ethnic groups. For example, schools are not obliged to make special arrangements regarding holidays and medium of instruction for students of particular racial groups. Instead, a distinction is drawn between outlawing discrimination and requiring that the special needs of ethnic groups be accommodated.
