Equality laws need urgent reform if Hong Kong is to keep its status as an international business centre

Twenty years ago, Hong Kong’s first anti-discrimination law, the Sex Discrimination Ordinance, came into effect, marking a new era in our city’s aspiration towards building an inclusive society. With it came the establishment of the Equal Opportunities Commission, tasked with the responsibility not only to promote equality and eliminate discrimination, but also to keep under review the working of the anti-discrimination ordinances and make recommendations for amendments as appropriate to the government – such that everyone’s protection against discrimination can keep up with the times and accompanying social changes.

Over the last two decades, Hong Kong society has evolved in significant ways, which have tangible implications for its equality landscape. The commission’s own experience in implementing the law has demonstrated gaps in protection which render us unable to handle some claims of unjust discrimination. We also see how international trends have moved from providing individual redress for discrimination towards proactive steps to both prevent and tackle inequalities entrenched in policies and practices.

Without taking appropriate action, Hong Kong risks falling behind global human rights standards and losing our status as an international business centre that is open to all. As importantly, without reforms, the changing needs and demands of our society for greater inclusion and equality cannot be adequately addressed.

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Bearing this in mind, the commission began in 2013 the most comprehensive review of Hong Kong’s anti-discrimination legislation in the city’s history. Seeking evidence for reforms and a platform for different stakeholders to voice their views, the commission launched a four-month public consultation in July 2014. We saw an overwhelming response from the public – a total of 125,041 submissions were received – which was the largest ever in any of the commission’s consultation exercises.

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Grateful for the public interest, the commission took the various views into serious consideration while formulating our position on issues. In particular, the commission looked at the evidence and reasoning provided, if any, when analysing the responses. In addition, we considered a number of other factors, including our operational experience in handling complaints and conducting research, evidence and seriousness of the discrimination, the number of people affected, and Hong Kong’s human rights obligations under the Bill of Rights and international laws.