The Equal Opportunities Commission (EOC) welcomes the passage of the Race Discrimination (Proceedings by Equal Opportunities Commission) Regulation by the Legislative Council today (24 June 2009).  It will come into operation on a date to be appointed by the Secretary for Constitutional and Mainland Affairs.

 

The Race Discrimination (Proceedings by Equal Opportunities Commission) Regulation specifies the circumstances where the EOC may bring proceedings under section 83 of the Race Discrimination Ordinance where a person who may bring proceedings has not done so. The circumstances specified are that the case raises a question of principle, it is in the interests of justice to do so and it appears to the EOC that the claim is well-founded.

 

The Regulation also enables the Commission to apply for any remedies available to a claimant under the Race Discrimination Ordinance. These will include a declaration that the act which is the subject of proceedings is an unlawful act and an injunction in respect of such act.

 

The Regulation is modeled on the corresponding regulations under the Sex Discrimination Ordinance and Family Status Discrimination Ordinance. The regulation under the Disability Discrimination Ordinance adopts slightly different wordings. However, the EOC’s approach under all regulations will be the same and the EOC will apply the same standard in deciding whether to bring proceedings under all the anti-discrimination ordinances.

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Media enquiries: Mr. Sam HO (Tel : 2106-2187) 

 

24 June 2009

Equal Opportunities Commission