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Danny Lee

The equalities watchdog will issue new guidelines to stave off the demise of ladies’ nights in a coup for Hong Kong’s bar operators.
The Equal Opportunities Commission and representatives from the bar and club industry met on Wednesday to thrash out possible changes to the Sex Discrimination Ordinance.
A judge referred to this legisation in April when the EOC took a bar operator to court, ruling that sex-based pricing on ladies’ nights was discriminatory.
Hong Kong’s equality watchdog accused of abusing law by taking action against club’s ladies’ nights
The judgment threatened to end the practice of women obtaining cheaper drinks or discounted admission into clubs and bars on promotional evenings.
The government revealed at a Legislative Council meeting on Wednesday that it had written to the commission on May 6 urging it to review the ordinance following the ruling.
Equalities chief Professor Albert Chan Cheung-ming signalled a clarification of the rules would be made to ensure the bar industry stayed on the right side of the law.
The message is do it moderately, and do it in balance
Lawmaker Paul Tse Wai-chun
Lawmaker Paul Tse Wai-chun, the former EOC member who brokered the meeting, said: “What the EOC and industry agreed on is: the EOC will issue some kind of direction in future on what the industry can do to minimise the risk of being prosecuted again.
“Its not so much how often or how frequent you [host ladies’ nights], the issue is one can strike a balance between, on the one hand, promotional efforts on the part of the bars, and the deliberate attempt to differentiate between the two sexes.
“The message is do it moderately, and do it in balance,” Tse said.
According to Tse, the EOC chairman explained that his organisation’s victory was a “special case” as the bar in question operated ladies’ nights every day in effect and it was a question of excessiveness rather than a pure technical breach of the law.
Ladies’ night by Hong Kong political party meant as ‘forceful slap in the face’ for equality watchdog
Secretary for Constitutional and Mainland Affairs Raymond Tam Chi-yuen told Legco: “We wrote to the EOC on May 6, inviting them to review the provisions of the ordinance after the conclusion of the proceedings and make recommendations to us.”
Tam cited a mechanism that granted a review of the ordinance. He said: “Based on such provision, we invite the EOC to consider the issue on the implementation of the relevant ordinance when reviewing it.”
The Bar and Club Association told the commissionthe ruling had had a negative impact on bars and clubs, leading to a rise in complaints from male patrons, for instance about having to pay more than women for admission or drinks.
Association vice-chairman Chin Chun-wing, speaking through a translator, said: “The association thinks the Equal Opportunities chair is willing to listen to us. We’re hoping to see some action and we hope they will give us some clear instruction so our bar members won’t fall into the trap again.”
Catering sector legislator Tommy Cheung Yu-yan of the Liberal Party said a survey it undertook between May 30 and June 2 found that 60.5 per cent of 1,360 respondents did not think ladies’ or gentlemen’s nights were discriminatory.


Tonic for Hong Kong bar owners as watchdog set to issue new guidelines to save ladies’ nights

Ladies’ nights are a popular part of Hong Kong’s bar scene. Nora Tam

Equal Opportunities Commission (EOC) Chairperson Professor Alfred Chan Cheung-ming meets media at the EOC in Taikoo Shing. 12APR16 SCMP/ K. Y. Cheng

News

Hong Kong

Law and Crime

Sex Discrimination Ordinance will be changed after court ruling against operator who offered cheap drink promotions for women
