Why fourth-generation Hongkonger of Pakistani origin who was first stopped and searched by police at age 8 can’t count on racial discrimination law for help

Waqas was first stopped and searched by a police officer when he was just eight years old. “My younger brother and I had just bought some chocolates from a nearby mall and were on our way home,” he said. “The officer said he found us suspicious, so he asked if we stole the chocolates.” Waqas said the policeman let them go after they explained they bought the chocolates and stayed nearby. The fourth-generation Hongkonger of Pakistani descent said the experience left him scared and confused at the time. He now believes it was an act of discrimination. Speaking ahead of the International Day for the Elimination of Racial Discrimination on Thursday, Phyllis Cheung, executive director of Hong Kong Unison, expressed concerns over the authorities’ tardiness at amending the Race Discrimination Ordinance, which does not cover the exercise of the government’s functions and powers. That meant those who felt racially discriminated by government policies or powers, such as for Waqas’ incident, could not seek help from the Equal Opportunities Commission, she explained. The discrimination ordinances for disability, sex and family status did cover government functions and powers, however. Since the incident 15 years ago, Waqas, who preferred not to give his full name, has been stopped by police about 30 times, most recently three weeks ago as he headed to university. When I see the police, I feel scared and angry, wondering if they will check me again Waqas “I was wearing a City University shirt and I asked him why he wasn’t checking someone else. He said something along the lines of the police do not need me to teach him what to do,” Waqas, a final year student at the Kowloon Tong institution, said in fluent Cantonese. “When I see the police, I feel scared and angry, wondering if they will check me again.” How Hong Kong’s school system sets minority pupils up to fail Cheung said that while there was currently only the Bills of Rights Ordinance to protect groups that were racially discriminated against during the exercise of government powers and functions, this would involve the costly process of going to court. “They are not looking for monetary compensation, but rather protection,” she said. Cheung added that the government’s powers and functions were covered in discrimination laws in other countries, such as in Britain and Australia, for example. “If laws can’t give ethnic minorities protection, they will always be living in fear,” she said. With the Race Discrimination Ordinance implemented for 10 years, Cheung said she had not noticed an improvement at all. A Constitutional and Mainland Affairs Bureau spokeswoman noted different ways to deal with complaints against public authorities, such as the Office of the Ombudsman, the complaints mechanisms within policy bureaus and departments and the Legislative Council. She said officials would continue to study Equal Opportunities Commission recommendations provided in 2016 and consider how to follow up on those that were prioritised, including that the Race Discrimination Ordinance should cover all government functions and powers. But Cheung was concerned that authorities did not provide a timetable when she asked. A commission spokesman said the lack of protection from racial discrimination in certain circumstances in relation to the exercise of government functions was a fundamental legal loophole. The United Nations Committee on the Elimination of Racial Discrimination also said last year that it was concerned “law enforcement activity does not necessarily fall within the scope of the prohibition on racial discrimination contained in the Race Discrimination Ordinance” in Hong Kong. From wayward teenager to Hong Kong’s first ethnic minority social worker A police spokesman said the force would ensure that the public’s needs were handled in a fair and selfless manner, regardless of their ethnic background. He added all officers would study the Race Discrimination Ordinance and guidelines on racial equality. Waqas, who is studying for a social work degree, hopes to make a difference in society. In his free time, he helps needy children with their homework and low-income families with household repairs. While he views Hong Kong as home, he admitted he sometimes wondered if the city was a suitable place for him to live in. “If the Race Discrimination Ordinance is not updated, will Hong Kong become even more backward?” he asked. According to the 2016 Population By-census, about 584,000 people identified as non-Chinese in Hong Kong, or about 8 per cent of the population.