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SCMP Editorial

Hong Kong prides itself on being a diverse international city with laws designed to ensure equal treatment. The Equal Opportunities Commission (EOC) is responsible for overseeing legislation in specific areas.
The city has laws against discrimination on the grounds of sex, disability, family status and race. But the commission’s work has, for years, gone beyond those areas, covering research into other types of discrimination, such as on the grounds of sexual orientation or age.
The study of these pressing issues and the possibility of new legislation would appear to be a natural part of the commission’s activities. It is perfectly placed to investigate such matters.
But the EOC had been advised by the Department of Justice that work of this kind goes beyond the legal remit of the organisation. It cannot stray further than the legislation already in place.
Work on legal amendments to protect the LGBTQ community, ongoing for more than 18 months, has been stopped as a result of the advice, which the commission’s own lawyers agree with.
Hong Kong equality body told to back off from law changes to protect LGBTQ people
Commission chairman Ricky Chu Man-kin, speaking at a panel discussion on diversity and inclusion to mark the 120th anniversary of the South China Morning Post, said the body was now looking at existing laws instead, to see if they could be applied.
The commission has, in the past, researched discrimination on the grounds of sexual orientation, publishing a report in 2016 calling for legislation. It has also made submissions to UN institutions on the issue. No laws have been passed.
Another study commissioned by the EOC in 2016, highlighted significant levels of age discrimination and showed strong public support for new laws to combat it.
The fight against discrimination is not frozen in time or limited to four areas. The EOC should be permitted to explore the development and expansion of Hong Kong’s legal armoury against unequal treatment. This may require an amendment to the law to broaden its mandate to that extent.
A landmark ruling by the top court in September required the government to develop a framework for recognising “core rights” of same-sex couples.
Other court decisions have outlawed discrimination against members of the LGBTQ community in specific areas. It would make sense for a law on discrimination on the grounds of sexual orientation to form part of steps to be taken in this area.
A recent study showed 71 per cent of the community to be in favour of such a law.
The commission should be at the heart of promoting and preventing discrimination of all kinds. It is well-positioned to conduct research and make proposals that enhance Hong Kong’s international reputation by furthering diversity and inclusion.


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Hong Kong society

Don’t hamper Hong Kong’s quest for equality with spurious restrictions

Equal Opportunities Commission (EOC) Chairperson Ricky Chu Man-kin. Photo: SCMP / Jonathan Wong

Hong Kong equal opportunities watchdog told asking for legislative changes to protect LGBTQ people beyond its powers

Equal Opportunities Commission chairman Ricky Chu discusses LGBTQ rights at an event organised by the Post as part of its 120th anniversary celebrations. Photo: Jonathan Wong

Hong Kong’s role as host of this year’s Gay Games was singled out as an equality highlight by Abby Lee, the chairwoman of LGBTQ carnival organiser Pink Dot Hong Kong. Photo: Edmond So

(From left) SCMP Managing Editor Yonden Lhatoo moderates a panel discussion with EOC chairperson Ricky Chu, Pink Dot Hong Kong chief Abby Lee and Kriti Children’s Centre founder Divya Gurung at Jardine House in Central. Photo: Jonathan Wong

How Hong Kong’s Gay Games stumbled in sprint towards finishing line but still made ‘history’

Illustration: Henry Wong

Participants kick off the Games at Queen Elizabeth Stadium in Wan Chai on Saturday. Many participants and rights activists have also expressed disappointment over the level of government support for the event. Photo: Edmond So

Dragon boat racers compete in the Hong Kong Gay Games on the Shing Mun River. Photo: Jonathan Wong

Alan Hau is deacon of the LGBTQ-inclusive Blessed Ministry Community Church, which he says now seeks to be “as visible as possible” rather than operate in secrecy as it did decades ago. Photo: Yik Yeung-man

Lawmakers including Junius Ho (third from right) present a letter at the Legislative Council building last Wednesday calling for a ban on the Gay Games. Photo: Edmond So

People participate in the “Rainbow Run” at the Mexican leg of the Gay Games 2023 in the city of Guadalajara. Photo: EPA-EFE

Lawmaker and Executive Council convenor Regina Ip said during the Games’ opening ceremony that the event had “created history”. Photo: Edmond So

Opinion

Comment

Hong Kong’s Equal Opportunities Commission must be given the leeway to expand its scope rather than be bound by specific areas


Hong Kong’s Equal Opportunities Commission must be given the leeway to expand its scope rather than be bound by specific areas.


Hong Kong culture

LGBTQ

Equal Opportunities Commission (EOC)

Hong Kong politics

Diversity and inclusion

Expresses the views, ideas and conclusions of the author. (Eg. Enough of Crazy Rich Asians, think of crazy poor Hongkongers.)


Column

Editorial

Editorial | Don’t hamper Hong Kong’s quest for equality with spurious restrictions

Hong Kong’s Equal Opportunities Commission must be given the leeway to expand its scope rather than be bound by specific areas