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Age, pregnancy and race bias top issues in absence of laws

May Chan

Age, pregnancy and racial discrimination remain the most prominent equality issues not covered by existing laws, a survey by the Equality Opportunity Commission has revealed.

Of the 1,503 households interviewed by the EOC from August to November last year, 62 per cent expressed concerns over sexual and disability discrimination, which is already covered by legislation.

Other issues of concern were age discrimination (50 per cent), pregnancy discrimination (48 per cent) and racial discrimination (48 per cent). Laws on racial discrimination are in the pipeline.

About 14 per cent of the respondents reported having experienced discrimination, 31 per cent of which were related to age. But only 3 per cent complained to the commission.

Of the 86 per cent who said they had never experienced discrimination, 40 per cent said they would complain if they thought they were discriminated against.

Ferrick Chu Chung-man, EOC policy and research head, said the discrepancy in readiness to complain could be attributed to the limited scope of the duties of the commission, which is only responsible for sex, disability and family status discrimination cases.

'As a statutory body, the EOC cannot handle cases outside its scope of duties,' Dr Chu said. 'There are various kinds of discrimination, and some victims may not be able to complain to the EOC even if they wanted to.'

Commission chairman Raymond Tang Yee-bong said more than 80 per cent of complaints the EOC received were related to labour issues, and victims were wary of jeopardising their jobs.

He said legislation on age discrimination should be considered carefully because it might have implications for social welfare and pension arrangements, which are age discriminatory. Developed countries like Britain and Australia had only introduced age-discrimination laws in recent years, after the passage of anti-discrimination laws on sexual orientation and race.

Mr Tang said Hong Kong people had become more aware of equality issues and the commission, which began work in 1998. Some 49 per cent of survey respondents said they were aware of its work.

Commission statistics reveal that from 2005 to last year, the number of sex discrimination complaints grew annually from 210 to 311, disability cases rose from 400 to 466, and family status-related cases increased from 12 to 34. Commission member Agnes Law Koon-chui said NGOs and government departments had been helping discrimination victims despite the lack of comprehensive laws on the issue.

Unionist Lee Cheuk-yan said racial discrimination mostly occurred in relation to wage inequality, while age discrimination limited entry to certain professions and could result in compulsory retirement.

For example, a Nepali construction worker may get a daily wage 20 to 30 per cent less than his Hong Kong-Chinese counterpart. And Cathay Pacific, for example, would not hire cabin crew older than 38, and they must retire when they reach 45, he said.

'There is blatant discrimination going on in the labour market in relation to age and race,' Mr Lee said. 'And the victims have no channel to complain or get help without proper legislation.'

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