Ricky Chu Man-kin

Opinion | Cathay Pacific discrimination scandal: creating an inclusive Hong Kong is everyone’s business

Many in Hong Kong already work to make the city an inclusive and attractive tourist spot but we also need legislation, education and the collective effort of all of society to eliminate discrimination

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Mainland Chinese tourists, part of a tour group, pose for photos on the Tsim Sha Tsui waterfront in Hong Kong on March 30. Photo: EPA-EFE

Ricky Chu Man-kin

Published: 8:15am, 30 May 2023

Hong Kong’s home-grown airline Cathay Pacific found itself embroiled in controversy last week after some of its cabin crew were accused of discriminating against and insulting Mandarin-speaking passengers. A leaked audio recording, released on mainland Chinese social media, revealed that the flight attendants had made derogatory remarks about passengers and made fun of them.

The incident sparked a public outcry. Cathay Pacific swiftly apologised, fired three flight attendants, and pledged to review its policies to ensure employees respect tourists of different backgrounds and cultures.

As the statutory body tasked with enforcing the anti-discrimination ordinances in Hong Kong, the Equal Opportunities Commission (EOC) has grave concerns about the incident, and the discrimination faced by mainland Chinese in the city.

Under the Race Discrimination Ordinance, it is unlawful to discriminate against, harass or vilify a person on the grounds of his or her race in areas of activity, including employment, education, provision of goods and services, disposal and management of premises and participation in clubs. “Race” refers to a person’s race, colour, descent, and national or ethnic origin.

Language is not a protected characteristic. However, language-related requirements or conditions may result in indirect discrimination against a particular ethnic group if members of the group are unable to meet those requirements or conditions and suffer detrimental treatment as a result.

For instance, if a service provider requires a customer to speak a particular language as a prerequisite to accessing certain goods or services, without providing justifiable reasons, such conduct could amount to unlawful indirect discrimination – that is, they would be imposing a requirement that effectively bars customers of a particular race or subjects them to detrimental treatment. The ordinance does not require the victim and perpetrator to be of different races.