Our recent piece pointing out that under Hong Kong laws it is illegal for bars to stage ladies' nights where women are offered free drinks, has attracted a stern response from a female reader.
We reported that the Hong Kong Cricket Club was holding a ladies' night to mark International Women's Day, at which women would be offered free drinks. That is until it was pointed out by one of its members that this would breach the Sex Discrimination Ordinance, and so the club dropped the free drinks.
However, "offended member of the public," as she calls herself, writes to say: "I just wanted to say how incensed I was to read Lai See ... suggesting that it was against the law for free drinks to be offered to ladies on international ladies' day."
The lady, who is herself a lawyer, goes on. "I would like to explain that the whole spirit of the anti-discrimination law was to protect ladies, or men if necessary, from sexual harassment and to ensure that they get equal and fair treatment in the work place. It was not designed to stop innocent bits of fun such as a celebration of ladies' day or a free ladies' night in the bars."
She adds: "I have spoken to many members of the legal fraternity in this town who are of the same view. If someone really believes it is wrong to give away such freebies then I suggest he or she take [it] to Court and then have the matter settled once and for all. I am all for equal rights but this suggestion is just going too far and is ludicrous!"
A cursory view of the Sex Discrimination Ordinance shows that much of it indeed is concerned with harassment and employment. However, section 28 is explicitly headed "Discrimination in provision of goods, facilities or services" and appears to say that offering free drinks to women and not to men is discriminatory. The section is worded in terms of women, though elsewhere it is made clear that in most cases the word "woman" can be substituted for "man". We look forward to receiving further advice on this.