SHA's speech at press conference on legislation against racial discrimination

Thursday, June 19, 2003

Following is the speech by the Secretary for Home Affairs, Dr Patrick Ho, at the press conference on the Government's intention on legislation against racial discrimination in Hong Kong today (June 19):

The Chief Executive in Council has agreed in principle to the need for legislation against racial discrimination in Hong Kong and a paper on the legislative proposals for the racial discrimination law will be published for public consultation.

The Government's vision for a caring and just society celebrates the rich diversity of our community. We aim to foster a culture of mutual respect and tolerance in our society, and enhance Hong Kong being an equitable and progressive city.

The proposed legislation would reaffirm the Government's commitment to human rights. We wish to assure our ethnic minorities that the Government is concerned about their rights and well being.

The International Convention on the Elimination of All Forms of Racial Discrimination was applied to Hong Kong by extension of UK's ratification of this Convention in 1969, and it continues to apply to the Hong Kong Special Administrative Region after the reunification by extension of China's ratification of this Convention. Article 5 of this Convention provides that "States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law". Prohibition necessarily entails legislation.

The Hong Kong Bill of Rights Ordinance enacted in 1991 prohibits all forms of discrimination, including racial discrimination, in the public sector. But the Bill of Rights does not apply to the private sector. Hong Kong has no legislation that prohibits all forms of racial discrimination on the part of private individuals or organisations.

The Government's policy is to encourage the settled ethnic minorities to integrate into our wider society while retaining their cultural identity. Our strategy comprises extending practical assistance to ethnic minorities to facilitate the settlement and integration process, and to address discriminatory attitudes and actions that may impede the process.

In 1997, the Government published a consultation paper entitled "Equal Opportunities: A Study of Discrimination on the Ground of Race" to solicit public views. Over 80% of the respondents opposed legislation. The Government decided then not to legislate at that stage, but to pursue non-legislative measures and public education and periodically revisit the question of legislation to ascertain whether changing circumstances warranted a change of policy.

We revisited the question in 2001-02. The exercise comprised two parts:
(a) Consultation with the Business Community

Of the 25 organisations consulted, 16 were in favour of legislation. Of the remaining nine, six were opposed and three had no views.

(b) Consultation with Non-Government Organisations (NGOs) and Other Interested Organisations

Of the 55 organisations consulted, 44 submitted comments. All were in favour of legislation.

The results of our latest consultation indicated that the business sector is more open to legislation than previously, perhaps because it has had time to adapt to the three existing anti-discrimination laws. The organisations that remained opposed expressed their opposition in milder terms than they did in 1997.

Many common law jurisdictions also prohibit racial discrimination by law.
The Proposed Legislation

The main aim of the proposed Bill would be to make discrimination on racial grounds unlawful and to make provisions against racial harassment. The form and content of the new law would be broadly similar to the existing anti-discrimination laws.

The definition of racial discrimination would be as set out in the International Convention.
Public Consultation

We will consult interested parties in the course of the drafting process, particularly with a view to addressing any residual concerns that the community may reasonably continue to harbour. We will issue a consultation paper setting out the legislative proposals to seek public views.

We plan to introduce the Bill into the Legislative Council in 2004.