Equal Opportunities Commission (Hong Kong)
The Equal Opportunities Commission (EOC) is a public body in Hong Kong that enforces anti-discrimination laws and promotes equality. It was created in 1996 as the city's first semi-governmental body focused on anti-discrimination.
| 平等機會委員會 | |
| Abbreviation | EOC |
|---|---|
| Formation | 20 May 1996[1] |
| Type | Statutory body |
| Legal status | Active |
| Headquarters | 16/F, 41 Heung Yip Road, Wong Chuk Hang |
| Location | |
| Services | Investigation Advocacy Advisory |
| Fields | Human rights |
Chairperson | Ricky Chu Man-kin |
| Cecilia Chan Lai-wan Andy Chiu Man-chung | |
| Expenses (2018) | HK$125,967,377[2] |
| Website | Official website |
| Equal Opportunities Commission | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Traditional Chinese | 平等機會委員會 | ||||||||
| |||||||||
History Edit
Background Edit
In 1994, the median wage of women in Hong Kong were about a third lower than that of men, and classified advertisements often limited senior positions in the private sector to men and low-paying jobs only sought for female applicants.[3]
The Hong Kong government has had a history of opposing anti-discrimination legislation.[4]: 337 When the United Kingdom ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1986, the treaty also applied to other British dependent territories.[5]: 22 However, the Hong Kong government asked that CEDAW to not be extended to the city until it could assess its effect.[6]: 9 It said that ratifying CEDAW might cause "significant economic and social consequences",[7] and specifically, that CEDAW and anti-discrimination laws would harm Hong Kong's laissez-faire market and traditional Chinese customs that treat men and women differently.[5]: 22–23
In the 1990s, the Hong Kong government was increasingly pressured to address equality and human rights. During the 1991 legislative election, which produced Hong Kong's first directly elected lawmakers, women's groups pressed candidates into acknowledging discrimination against women.[4]: 363 As a result, the 1991 Legislative Council asserted more pressure on the executive than its predecessors.[4]: 362 In November 1991, Legislative Councillor Emily Lau helped form an ad-hoc group in the legislature to study women's issues.[4]: 363 In March 1992, an inter-departmental working group on sex discrimination was created to advise the government on whether to extend CEDAW to Hong Kong.[7] On 16 December 1992, Lau introduced a bill that urged the Hong Kong government to support the application of CEDAW.[4]: 363–364 The government opposed the bill, but it was nonetheless passed after all but the three ex-officio members voted in its favour.[4]: 365
The Hong Kong government did not act on the bill immediately and maintained that the public must be consulted first.[6]: 9 After nine months of preparation, it issued the Green Paper on Equal Opportunities for Women and Men in August 1993.[4]: 366 Legal scholar Carole Petersen said the government had understated discrimination against women in the green paper.[4]: 366–368 By the end of the public consultation, Secretary for Home Affairs Michael Suen said that "[it] would be difficult for [the government] to come up with credible arguments not to extend CEDAW".[8]
Founding Edit
Anna Wu, then an appointed Legislative Councillor, tabled the Equal Opportunities Bill 1994,[9]: 345 a few years before to the handover of Hong Kong, which Wu believed was a window of opportunity to expand equality rights.[1] The bill sought to outlaw discrimination on grounds including sex, marital status, pregnancy, sexuality, race, age, disability, and political and religious conviction.[4]: 372 If passed, it would also prohibit employers from placing advertisements that specify the sex and age of jobseekers.[10] As a private member's bill that did not affect government revenue, the Equal Opportunities Bill was tabled without government consent.[1]
Wu also put forth the Human Rights and Equal Opportunities Commission Bill, which would create a statutory body for equality and a tribunal to adjudicate claims under the Equal Opportunities Bill.[4]: 372 The Equal Opportunities Tribunal could cost 800 million Hong Kong dollars to set up.[10]
The proposed equality institutions were also opposed by China. Legal scholar Wu Jianfan of Peking University and Hong Kong pro-Beijing politician Raymond Wu said the bill would violate the Basic Law, which was to become Hong Kong's mini-constitution following the United Kingdom's transfer of the city's sovereignty to China in 1997.[11] Wu Jianfan said the tribunal was not mentioned in the Basic Law and therefore could not exist in Hong Kong under Chinese rule.[11]
The Hong Kong government rejected the bills in June 1994 and instead tabled two other bills with a narrower scope that separately banned sex and disability discrimination.[12] The bill on sex discrimination also sought to set up an equal opportunities commission instead of the independent human rights commission Anna Wu had proposed.[12] Wu and equality groups criticised the decision, saying that the equal opportunities commission, unlike the human rights commission, could only monitor and settle discrimination complaints, and did not have the legal power to prosecute people who violated anti-discrimination laws.[3]
Despite government opposition, Wu's Equal Opportunities Bill proceeded to different stages at the Legislative Council. Public hearings on the bill were held in 1995. In April 1995, Wu decided to break the bill into three, each addressing different areas of discrimination to ensure that some parts of it could pass before the legislative session ends.[13]
On the other hand, the government on 27 May 1995 pushed to resume second reading of its Sex Discrimination Bill against the wishes of the bills committee and before amendments were finalised.[14] The Sex Discrimination Bill was passed at 1:25 am on 29 June 1995 after a nine-hour debate, during which the government and pro-business legislators stopped attempts by liberal lawmakers to expand the bill's scope by removing the Small House Policy exemption and shortening the grace period for small businesses.[15]
The EOC was established on 20 May 1996 with Fanny M. Cheung as its first chairperson,[16][17] after candidates such as Elsie Leung turned down the offer that included a salary of $157,250 and a monthly cash bonus of $70,320.[18]
Early history Edit
The EOC brought its first sex discrimination case to court in 1997. It sued Apple Daily, which placed an advertisement for "pretty female reporters" to report on balls and social events.[19] The District Court judge ruled in favour of Apple Daily because the language used in the advertisement in the newspaper's celebrity section was vague and therefore did not violate the Sex Discrimination Ordinance.[19] The Court of Appeal overturned the decision, saying that allowing the ambiguous language would permit employers to advertise freely for only one gender.[20] The court did not impose penalties, and the EOC said it was more important to clarify the law than to punish the newspaper.[20]
On 1 August 1999, Cheung was replaced as chairperson by Anna Wu, who had been a member of the commission since its founding.[21]
Later years Edit
Michael Wong, a former judge in the Court of Appeals, replaced Wu from 1 August 2003. Supporters of Wu said her contract was not renewed because she had criticised the government as EOC chairperson.[22]
During his three-month tenure, Wong dismissed Patrick Yu before he took up the post as the commission's director of operations because Yu had written in the South China Morning Post that Hong Kong should enact a race discrimination law. Wong had said that making those comments were inappropriate.[23] Before being appointed to the post by Anna Wu, Yu was the executive director of the Northern Ireland Council for Ethnic Minorities.
Yu's dismissal and allegations that he had accepted free air tickets as a judge caused 60 civil and human rights NGOs to public ask Wong to resign.[24] Wong decided to resign on 6 November, because of media attacks against his family and an unsupportive government during the scandals.[25][26]
The Independent Commission Against Corruption investigated Wong on suspicion of bribery after complaints were filed that he had used false documents to apply for government reimbursement of air tickets valued at HK$171,666 for him and his family.[27] The prosecutor decided not to file charges against Wong due to insufficient evidence.[28]
Alfred Chan replaced York Chow as chairperson on 11 April 2016. Less than two months after Chan's appointment, some legislators raised concerns over Chan's comments that a law to protect sexual minorities from discrimination and his conflation of gender identity and sexual orientation.[29] Women groups also called Chan to resign after he said women were not concerned about equal pay and women were driven to elderly care because they are more attentive than men. The EOC said Chan's remarks intended to highlight inequality but did not communicate the point clearly.[30]
Ricky Chu became the EOC's eighth chairperson on 11 April 2019.[31]
List of chairpersons Edit
| Name | Photo | Tenure | Notes |
|---|---|---|---|
| Fanny M. Cheung 張妙清 | 1996 - 1999 | Founding chairperson.[32] | |
| Anna Wu 胡紅玉 | 1 August 1999 - 31 July 2003 | ||
| Michael Wong Kin-chow 王見秋 | 1 August 2003 - 6 November 2003 | ||
| Patricia Chu Yeung Pak-yu 朱楊珀瑜 | 15 December 2003 - 15 December 2004 | ||
| Raymond Tang Yee-Bong 鄧爾邦 | 12 January 2005 – 28 February 2010 | ||
| Lam Woon-kwong 林煥光 | 1 February 2010 – 31 March 2013 | ||
| Dr. York Chow Yat-Ngok 周一嶽 | 1 April 2013 – 31 March 2016 | ||
| Alfred Chan Cheung-ming 陳章明 | 11 April 2016 – 10 April 2019 | ||
| Ricky Chu Man-kin 朱敏健 | 11 April 2019 – Present |
Powers and functions Edit
The EOC's main function is to implement the four anti-discrimination ordinances in Hong Kong, namely the Sex Discrimination Ordinance, the Disability Discrimination Ordinance, the Family Status Discrimination Ordinance and the Race Discrimination Ordinance. It aims to promote equal opportunities by receiving complaints and investigating alleged cases of discrimination.[9]: 341 If potential discrimination is found in cases, the EOC can provide legal assistance, including representation in court, to the person making the complaint.[33] It also conducts research and offers public educational programmes to promote equal opportunities.[9]: 341–342
The EOC also has the power to review whether the anti-discrimination ordinances are effective and propose changes.[9]: 342 The EOC started its first anti-discrimination law review in 2014 and published its final report in 2016.[1]
See also Edit
References Edit
- ^ a b c d Ngo, Jennifer (26 May 2016). "Twenty years on: Victories and setbacks for Hong Kong's Equal Opportunities Commission". South China Morning Post. Retrieved 16 April 2019.
- ^ Equal Opportunities Commission (2018). Transformation for a Better Future: 2017/18 Annual Report (PDF) (Report). Retrieved 16 April 2019.
- ^ a b do Rosario, Louise; Harnischfeger, Uta (7 July 1994). "Double Standards: Activists say colony has far to go on women's rights". Far Eastern Economic Review. Hong Kong. p. 27.
- ^ a b c d e f g h i j Petersen, Carole J. (1996). "Equality as a Human Right: The Development of Anti-Discrimination Law in Hong Kong" (PDF). Columbia Journal of Transnational Law. 34: 335–388.
- ^ a b Petersen, Carole J.; Samuels, Harriet (2002). "The International Convention on the Elimination of All Forms of Discrimination against Women: A Comparison of Its Implementation and the Role of Non-Governmental Organisations in the United Kingdom and Hong Kong". Hastings International and Comparative Law Review. 26 (1): 1–50.
- ^ a b Petersen, Carole J. (1994). "The Green Paper on Equal Opportunities for Women and Men: An Exercise in Consultation or Evasion?" (PDF). Hong Kong Law Journal. 24 (1): 8–16.
- ^ a b Peter Lai, Secretary for Constitutional Affairs (24 June 1992). "Discrimination Against Women" (PDF). Parliamentary Debates (Hansard). Hong Kong: Legislative Council.
- ^ Yue, S. Y. (31 December 1993). "UN Convention to Be Adopted". South China Morning Post. p. 2.
- ^ a b c d Kapai, Puja (2009). "The Hong Kong Equal Opportunities Commission: Calling for a New Avatar" (PDF). Hong Kong Law Journal. 39 (2): 339–359.
- ^ a b So, Lai-fun (28 March 1994). "Stalling tactics hit rights bills". South China Morning Post.
- ^ a b Chan, Quinton (20 February 1994). "Human rights bill 'breaches Basic Law'". South China Morning Post. p. 2.
- ^ a b "Human rights verdict lashed". South China Morning Post. 2 June 1994. p. 6.
- ^ Wong, Lok (22 April 1995). "Equal rights bill split up to meet Legco timetable". South China Morning Post. p. 4.
- ^ Wong, Lok (27 May 1995). "Rushed bill meets protests". South China Morning Post. p. 4.
- ^ "Equality bill passed as changes founder". South China Morning Post. 29 June 1995. p. 7.
- ^ Moir, Jane (21 May 1996). "Equality chief pressed to take up trousers case". South China Morning Post.
- ^ "Fanny M. Cheung: Award for Distinguished Contributions to the International Advancement of Psychology". American Psychologist. 67 (8): 719–721. 2012. doi:10.1037/a0030605. ISSN 1935-990X. PMID 23163472.
- ^ Moir, Jane (9 February 1996). "$225,000 for equal rights job". South China Morning Post. p. 3.
- ^ a b Ho, Lydia (1 April 1998). "Judge dismisses sex discrimination case". Hongkong Standard. Hong Kong.
- ^ a b Parsons, Charlotte (28 November 1998). "Beautiful reporters ad broke bias law". South China Morning Post. Retrieved 1 April 2021.
- ^ So, Sanna (23 July 1999). "Harder equality probes vowed". Hongkong Standard.
- ^ Lord, Paris (3 July 2003). "Equality body chief 'silenced by Tung'". The Standard.
- ^ Shamdasani, Ravina (28 May 2004). "EOC finally settles up with sacked employee". South China Morning Post. Retrieved 1 April 2021.
- ^ Shamdasani, Ravina (1 November 2003). "60 NGOs unite to demand EOC chairman's head". South China Morning Post. Retrieved 4 August 2023.
- ^ Lee, Klaudia; Shamdasani, Ravina (7 November 2003). "'Persecuted' EOC chairman resigns". South China Morning Post. Retrieved 4 August 2023.
- ^ "H.K. equal rights commission chief quits amid scandal". Kyodo News. 6 November 2003.
- ^ "Statement by the Director of Public Prosecutions on the case of Mr Michael Wong Kin-chow" (Press release). Hong Kong Government. 25 January 2006. Retrieved 6 December 2017.
- ^ Legislative Council Secretariat (20 October 2006). Background brief for the meeting on 23 October 2006: The case of Mr Michael WONG Kin-chow (PDF) (Report). Legislative Council of Hong Kong. Retrieved 6 December 2017.
- ^ "LCQ2: Appointment of Chairperson of Equal Opportunities Commission" (Press release). Hong Kong: Hong Kong Government. 1 June 2016. Retrieved 6 December 2017.
- ^ Ng, Ellie (14 March 2017). "Equality chief faces calls to resign after making 'sexist' remarks on International Women's Day". Hong Kong Free Press. Retrieved 4 August 2023.
- ^ Ng, Kang-chung (12 April 2019). "New chief of Hong Kong's Equal Opportunities Commission warns against 'hastily made law' to protect sexual minority rights". South China Morning Post. Retrieved 16 April 2019.
- ^ "THE PIONEERS – BLAZING THE TRAIL: Past Chairpersons of EOC". Equal Opportunities Commission. Retrieved 27 November 2019.
- ^ "Guide to Discrimination Law in Hong Kong" (PDF). Mayer Brown. June 2016. p. 16.
External links Edit
- Official website
- Website of the Constitutional and Home Affairs Bureau
- Website of the Home Affairs Bureau