‘This should not be rushed’: expansion of Hong Kong discrimination laws to cover mainland Chinese must be balanced, experts say

Discrimination against mainlanders is not uncommon in Hong Kong, and UN bodies have called the city out for not doing enough to fight it

But, one expert warns, ‘in the present context, the government is already using laws to stifle freedom of expression’

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The government has proposed expanding anti-discrimination laws to offer protections to mainland Chinese. Photo: Bloomberg

Published: 8:00am, 20 Oct 2021Updated: 8:45am, 20 Oct 2021

A proposed expansion of Hong Kong’s anti-discrimination laws to give mainland Chinese people protected status – recently revived after years of lobbying – must be narrow in scope, legal experts have warned, lest the changes chip away at freedom of expression.

The government should also adhere to concrete principles laid down in past court cases in formulating any changes, they added, despite officials insisting such protections are desperately needed and in line with evolving international human rights law.

“This should not be rushed, as it is important to get the balance with freedom of speech right, adopting international standards,” said human rights lawyer Mark Daly.

“There are also concerns that in the present context, the government is already using laws to stifle freedom of expression, which is not being protected adequately in legislation or by judicial interpretation,” he added, alluding to the Beijing-imposed national security law introduced in June last year.

Erick Tsang unveiled plans to expand local anti-discrimination laws at a Legco meeting on Monday. Photo: May Tse

The calls for caution came after Secretary for Constitutional and Mainland Affairs Erick Tsang Kwok-wai on Monday unveiled a time frame at the Legislative Council for implementing new protections for mainlanders, something long sought by the city’s pro-establishment camp.