The Race Discrimination Ordinance (RDO) was gazetted on 18 July 2008. It brought to Hong Kong an opportunity to further entrench our community values and to make our society better and fairer for everyone regardless of racial characteristics. The RDO will come into full effect in 2009 (exact date to be announced).

The enabling provisions establishing the EOC’s role in the implementation of the Race Discrimination Ordinance (RDO), namely sections 59 to section 63, have come into effect on 3 October 2008. These enabling provisions provide the formal legal foundation for the Commission’s functions to prepare for a code of practice on employment to be issued for public consultation.

The consequential provisions, namely sections 91 to 106 of the RDO, regarding the other three anti-discrimination ordinances, also came into effect on 3 October 2008. These provisions deal with definitions of terms in the ordinances, such as “club”, “estate agents”, “near relative”, “sexually hostile environment”, “contract worker” etc. (see full text of the RDO for details).

The proposed FIRs are relevant to the conduct of formal investigations under section 64 of the RDO. They prescribe the manner in which notice of a formal investigation under section 65 of the RDO is to be given; the form of the notice requiring persons to provide information under section 66(1) of the RDO; the form of enforcement notices issued pursuant to section 71(2) of the RDO; and the manner of service of all such notices.

The proposed ICRs are relevant to investigation and conciliation of complaints under section 78 of the RDO. They prescribe matters relating to representative complaints; enable the EOC to require information by notice; prescribe restrictions on disclosure of such information; enable the EOC to direct attendance in conferences and prescribe the procedures at such conferences.

Both the proposed FIRs and ICRs are now before the Legislative Council for negative vetting.

This proposed Regulation specifies the circumstances where the EOC may bring proceedings under section 83 of the RDO 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 proposed 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. The proposed Regulation is now before the Legislative Council for positive vetting.

The Code is issued by the EOC under section 63 of the RDO. The Code aims to give practical guidance to prevent racial discrimination and harassment, and to promote racial equality and harmony in employment-related matters. After the release of the proposed Code, the EOC has conducted extensive consultation with the public in general as well as specific stakeholders from 13 October 2008 to 19 January 2009. Discussion has been held in the Legislative Council’s Constitutional Affairs Panel on the matter. In the light of the views and comments received, the EOC revised the proposed Code. The Code has now been published in the gazette and laid before the Legislative Council for negative vetting. A consultation report has also been released.