Equal Opportunities Commission

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Organisation & Staff

Organisation Chart
The EOC Board
Terms of Reference of the Committees
Our Staff

Make Rules

  1. To recommend to the EOC rules to be made under the SDO, DDO, FSDO and RDO (hereinafter referred to “the Ordinances”). Explanatory Note 1

 

Receive Reports

  1. To receive reports and to keep the EOC informed accordingly on the following matters:

    1. on assistance by way of conciliation provided by conciliators to persons lodging complaints in writing with the EOC pursuant to the Ordinances;

    2. on the decisions made by the Chairperson and the Director (Complaint Services) pursuant to the Ordinances, not to conduct or to discontinue an investigation into an act the subject of a complaint; and

    3. on the cases where there has not been a settlement of the matter to which an act the subject of a complaint lodged pursuant to the Ordinances.

 

Consider Legal Assistance Applications

  1. To consider granting applications for legal assistance.Explanatory Note 2

  2. To monitor the progress of cases provided with assistance under paragraph (3) above and to decide on matters arising from the conduct of these cases.

 

Advise on Formal Investigation

  1. In relation to conducting a formal investigation:

    1. to advise the EOC on terms of reference, or revised terms of reference, to conduct a formal investigation;

    2. to appoint a Task Group, headed by Chairperson, to have daily conduct of formal investigation and to keep EOC informed accordingly;

    3. to receive regular reports from a formal investigation Task Group and to make recommendations accordingly;

    4. to make preliminary findings in a formal investigation and prepare a report of such for the consideration of the EOC, including making recommendations to the EOC;

    5. to make recommendations to the EOC in respect of the issue of enforcement notices; and

    6. to receive reports on compliance with enforcement notices and recommend to the EOC whether a formal investigation should be conducted in the event of non-compliance.

 

Consider Legal Actions

  1. To decide on actions to be taken in respect of persistent discrimination, harassment or vilification under the Ordinances.Explanatory Note 3

  2. To decide on the proceedings which shall be brought only by the EOC.Explanatory Note 4

  3. To monitor situations where the EOC may become involved in other legal proceedings (including applications by the EOC for judicial reviews, applications by the EOC to arrange appearance of amicus curiae before the courts or the defence of proceedings brought against the EOC), and to decide on matters relating to such other proceedings (including decision to initiate or defend such proceedings) as circumstances may warrant or to make appropriate recommendations to the EOC.

 

Review Legislation

  1. To keep under review the working of the Ordinances and when necessary, recommend to the EOC proposals for amending them in accordance with the respective provision of the Ordinances.Explanatory Note 5

Explanatory Notes

  1. The EOC may make rules prescribing the matters set out in s.88 SDO and its corresponding provision in DDO, FSDO and RDO.

  2. Pursuant to s.85 SDO and its corresponding provision in DDO, FSDO and RDO, if there is no settlement of the complaint, the EOC may grant assistance other than by way of conciliation (i.e. legal assistance). The EOC may grant such legal assistance if it thinks fit to do so.

  3. Pursuant to s.81 SDO and its corresponding provision in DDO, FSDO and RDO, the EOC may apply to the District Court for an injunction restraining a person from persistently committing an unlawful discriminatory act, unlawful act of harassment or unlawful vilification.

  4. Pursuant to s.82 SDO and its corresponding provision in DDO, FSDO and RDO, the EOC is the only person who may commence legal proceedings in the District Court against a person committing an act contrary to s.43 SDO “Discriminatory Advertisements”, s.44 SDO “Instructions to Discriminate”, s.45 SDO “Pressure to Discriminate” and their corresponding provisions in DDO, FSDO and RDO. The EOC is also the only person who may take legal action against a person committing an act contrary s.42 DDO “Requests for Information”.

  5. Pursuant to s.64(1)(e) SDO and its corresponding provision in DDO, FSDO and RDO, the EOC is empowered to keep under view the Ordinances and make recommendations for amendment of them. Further, pursuant to s.66 SDO and its corresponding provision in DDO, FSDO and RDO, the EOC is empowered to keep under review of the schedules of the Ordinances, including Schedule 5 “Further Exceptions to this Ordinance” SDO and its corresponding schedule in DDO, FSDO and RDO, and Schedule 2 “Devices or Aids Specified as Palliative or Therapeutic Devices or Auxiliary Aids” and Schedule 3 “Provisions Specified for Purposes of Section 12(3)(c)” DDO.

Policy, Research and Training Committee

  1. To advise on measures to be taken in conducting policy analysis/advocacy and related follow-up actions.
  2. To consider and approve the undertaking of commissioned research and related follow-up actions in accordance with section 65(1) of the SDO.
  3. To consider and approve assistance (financially or otherwise) of the undertaking by other persons of any research activities in accordance with section 65(1) of the SDO.
  4. To advise on measures to be taken in conducting training programmes and activities and providing consultancy services.
  5. To consider and approve training modules of the Commission within the framework of policy analysis/advocacy and research.
  6. To receive reports from the EOC office on commissioning of projects in relation to policy and research matters.
  7. To receive progress reports on policy and research undertaken or commissioned by the Commission.

Community Participation and Publicity Committee

  1. To advise on measures to strengthen publicity, public education and media relations of the Commission.
  2. To advise on measures to foster community participation in promoting equal opportunities and eliminating discrimination.
  3. To advise on measures for liaison with government bodies and non-government organisations including employment establishments and concern groups.
  4. To receive reports on actions taken by the EOC office in pursuance of (1), (2) and (3) above.
  5. To consider and approve assistance (financial or otherwise) of the undertaking by other persons of any educational (non-research related) activities in accordance with section 65(1) of the SDO.
  6. To monitor community response to the Commission’s work and make recommendations to the Commission on the way forward.

Administration and Finance Committee

  1. To review the draft Annual Estimates of Expenditure of the Commission.
  2. To consider and approve donations to the Commission.
  3. To review the draft statements of accounts of the Commission and the auditor’s reports.
  4. To review the draft annual report on the activities of the Commission.
  5. To review the Memorandum of Administrative Arrangements and any proposed amendments thereof.
  6. To set up tender boards in relation to matters connected with the work of the Commission and to approve such recommendations as are made by these boards.
  7. To set up recruitment boards in relation to staff employed on Directorate Pay Scale and Directorate (Legal) Pay Scale and to approve such recommendations as are made by these boards.
  8. To decide on matters related to further employment or termination of service in relation to staff employed on Directorate Pay Scale and Directorate (Legal) Pay Scale.
  9. To approve reports for quarterly reviews under the Memorandum of Administrative Arrangements.
  10. To make recommendations to the Commission in respect of the appointment of an auditor.
  11. To keep the staffing and administrative policies of the Commission under review.
  12. To advise and to approve recommendations in relation to the leasing, renewal or acquisition of the Commission’s office accommodation.
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