STUART.LAU@SCMP.COM
UPDATED : Monday, 28 March, 2016, 9:41pm
Emily Lau Wai-hing, Fernando Cheung Chiu-hung, Mark Daly and Chong Yiu-kwong. Photos: Dickson Lee and Edward Wong
With the Equal Opportunities Commission set to release its submission to the government on proposed reforms to four anti-discrimination ordinances today, two lawmakers and two human rights lawyers examine the loopholes in the existing laws and government policies.
Race discrimination
The commission is expected to focus its reform of the race discrimination ordinance on whether to include mainlanders in the scope of protection. It will also decide whether current exemptions granted to schools on the medium of instruction will be repealed.
Mark Daly, a human rights lawyer specialising in race issues, says there is still a long way to go to combat discrimination in Hong Kong.
While the government promoted respect and dignity for every citizen, “when one looks at the policies and attitudes towards ethnic minorities in terms of educational opportunities, the demonisation of refugees, the second class status of foreign domestic workers and the treatment of sexual minorities, one can’t help but be sceptical,” says Daly.
Sex discrimination
Among those who first pushed for local anti-discrimination laws was Emily Lau Wai-hing, now the Democratic Party chairwoman. Today, though, Lau believes the situation is far from perfect in terms of gender equality.
“I asked about the statistics on women appointed into boards of directors for public companies – the ratio was horribly low,” she said, adding the public sector was not doing any better.
Soon, the commission will decide whether to require employers to pay men and women equally for work of the equal value.But Lau said a deeper question is the status of the commission itself.
“The United Nations stipulates a central mechanism to fight discrimination,” she noted. “The commission’s status is too low to meet that.”
Disabilities discrimination
Despite the discrimination they face, not too many disabled people find it useful to lodge a complaint with the commission, according to Labour Party lawmaker Fernando Cheung Chiu-hung.
“Although the EOC is a law enforcement body it is required to try to settle the disputes through mediation first,” Cheung said.
This results in “endless exchanges of letters”, a process that often dissuaded those already less empowered, let alone when faced with a party such as a big business.
The commission is expected to include an express provision that it is unlawful to discriminate on grounds of having an assistance animal such as a guide dog. There is also a possible duty to make reasonable accommodation for persons with disabilities.
While Cheung backed these moves, he called on the commission to consider legal action against injustices more actively.
“It needs to have guts after all,” he said. “It needs sound judgments to take parties to courts after failed mediation and provide legal assistance to the disabled.”
Family status discrimination
Statistically, the Family Status Discrimination Ordinance is the least invoked among the four sets of laws. This underlines the need for the commission to promote the law, says Chong Yiu-kwong, deputy chairman of Hong Kong Human Rights Monitor, an NGO.
“Family status discrimination happens all around us,” Chong said.
One example is a woman who needs to look after a new baby at home and does not receive a pay rise. At present, complainants need to prove the causal link, which is all too often a heavy evidentiary burden.
Chong said the European model – which requires the employer to defeat the claim after the court believes there is a prima facie case – is worth studying.
http://m.scmp.com/news/hong-kong/article/1931381/experts-give-their-views-proposed-reforms-hong-kong-anti
