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Racism and other prejudice
OpinionLetters

LettersHong Kong racism law needs more teeth, but equality watchdog is up to its job

  • The Equal Opportunities Commission has been pushing the government to plug the legal loopholes, while working with the victims of discrimination to seek redress

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Lack of prosecution under the Race Discrimination Ordinance in the 10 years since it was enacted is more indicative of the nature of the law than the work of the Equal Opportunities Commission. The EOC has been particularly vigilant on online hate speech against ethnic minorities. Photo: Edward Wong
Letters
I refer to the article by Mr Yonden Lhatoo, “Let’s face it, Hong Kong’s law against racism is completely useless” (February 2).
As a statutory body tasked with enforcing Hong Kong’s anti-discrimination laws, the Equal Opportunities Commission has long shared Mr Lhatoo’s view that there are fundamental flaws in the Race Discrimination Ordinance. To begin with, there is no provision, as in the three other anti-discrimination ordinances, that outlaws racial discrimination committed by the government in performing its functions and exercising its powers. The ordinance also places new immigrants and asylum seekers in a potentially vulnerable position, as its definition of race does not cover citizenship, nationality and residency status.

These yawning gaps must be filled, as the Equal Opportunities Commission made clear in its submission to the government on the Discrimination Law Review in 2016, which contained 73 recommended revisions to the four existing anti-discrimination ordinances.

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Indeed, as a statutory body funded by the government, rather than a legislative body, the commission cannot act beyond its jurisdiction; we do, however, continue to push for legal reforms in solidarity with unprotected victims and the NGOs that help them. I myself wrote an article in the Post last December, calling on the government to plug these legal loopholes.

Thus, the fact that no one has been prosecuted under the Race Discrimination Ordinance since the law was enacted – as mentioned by Mr Lhatoo – is more indicative of the nature of the law than the work of the Equal Opportunities Commission. All unlawful acts under the ordinance give rise to civil liability, with the exception of “serious vilification” (where a public activity incites hatred against, serious contempt for, or severe ridicule of a person on the grounds of race, and involves threat of physical harm to persons, their property or premises).

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