On 8 July 2014, the EOC kick-started a three-month long public consultation on the Discrimination Law Review. The exercise, which aims to modernize and harmonize the anti-discrimination ordinances in Hong Kong based on the EOC’s 18 years of operational experiences and the international developments, examines in details various important issues and possible changes to different aspects of the anti-discrimination laws, including the groups of people to be protected, the forms of prohibited conduct and the fields of discrimination. “The EOC has a statutory duty to review the effectiveness of the existing anti-discrimination laws and make recommendations for reform where appropriate,” Dr York CHOW, Chairperson of the EOC said. “The EOC’s operational experience has indicated that there are gaps with the current anti-discrimination laws, whereby people in Hong Kong continue to face discrimination in relation to sex, pregnancy, disability, race and other areas. The review is therefore to ensure that the domestic legislation continues to be effective in protecting equality rights as guaranteed under the Basic Law and relevant international covenants,” Dr Chow remarked.   

The EOC has published a comprehensive consultation document, which comes with an Easy Read Guide, in English and Chinese, as well as six ethnic minority languages. The public can obtain the documents from the EOC office or the Home Affairs Department Public Enquiry Service Centres, or they may download the documents from the dedicated website created by the EOC. In addition, the EOC has specially produced TV and radio API to widely publicise the exercise, and will be organising a series of public forums and meetings with stakeholders to hear their views. The EOC encourages members of the public to take an active part in the consultation and forward their views in writing to the EOC by 7 October 2014.

Visit the dedicated webpage
Read the press release
Download the full consultation documents
Download the Executive Summary

The second reading of the Marriage (Amendment) Bill 2014 is yet to be resumed at the Legislative Council (LegCo) in fall, leaving the issue unresolved. Earlier this month, the EOC Chairperson, Dr. York CHOW, published an op-ed article in the South China Morning Post and Ming Pao Daily to address some of the public confusion about the Bill and reiterate the Commission’s position.

Dr Chow highlighted the EOC’s objection to the requirement for transgender people to complete sex reassignment surgery before they can register for marriage in their affirmed gender, a provision that likely violates the human rights of transsexual persons. “Our point of contention is not about sex reassignment surgery’s lawfulness as a form of treatment. For some, sex reassignment surgery may indeed be their preferred form of medical treatment for gender dysphoria. Rather, the EOC’s main concern is with setting such procedures as a prerequisite for one to legally change gender and access rights, including the right to marry and its associated benefits. As numerous medical experts have noted, not all transsexual persons can or will choose to undergo full reassignment surgery, which is not without potentially dangerous complications,” Dr Chow explained in the article.

The EOC has earlier called on the Government to amend the Bill, so that the requirement for gender recognition is dealt with administratively, and that the requirement for sex reassignment surgery be removed. The EOC also urged the Government to introduce a comprehensive gender recognition ordinance as soon as possible to deal with the legal requirements for gender recognition and the related rights of transsexual people.

Read the article (English)
Read the article (Chinese)

This May, the EOC announced the commissioning of the Gender Research Centre, Hong Kong Institute of Asia Pacific Studies of The Chinese University of Hong Kong to conduct a Feasibility Study of Legislating against Discrimination on the Grounds of Sexual Orientation, Gender Identity and Intersex Status (SOGI). The study seeks to systematically identify the discrimination, harassment and vilification encountered by the lesbian, gay, bisexual, transgender and intersex (LGBTI) persons in the public domain, such as employment, education and training, as well as access to services and facilities, and explore whether an anti-discrimination legislation on the grounds of SOGI is feasible. In commissioning the Gender Research Centre, an independent and neutral body, to conduct the study, the EOC attempts not to interfere with the process or outcome of the study.

To raise public awareness on LGBTI rights and discrimination against them, the Gender Research Centre has lined up three large-scale public forums, and the first one, entitled “Retrospect and Prospect: LGBT and Intersex Status @ Hong Kong”, was held on 29 June. The other two public forums will be held on 30 August at the Hong Kong Central Library to look at the interregional comparison on the practices and implications of legislating against discrimination on the grounds of SOGI and intersex status, and on 27 September at The Chinese University of Hong Kong to review the social effects and impact of legislating against discrimination on the grounds of SOGI and intersex status in Hong Kong. The EOC welcomes members of the public, LGBTI concern groups and all relevant stakeholder groups to attend the forums and express their opinions. Prior registration is required and can be made at the dedicated website of the study.

On 14 July, the EOC issued a statement, in response to public comments that the study is biased. The EOC reiterated that the Commission has no pre-conceived or definitive position, and is open to all possible options to address the problems and discrimination faced by LGBTI people. The EOC hopes that the study could open up discussions and enhance understanding of the general public and stakeholders on the relevant issues.

Visit the website of the Study
Read the EOC Statement on the Study

On 16 June 2014, the EOC made a submission to the Legislative Council Panel on Health Services on the Mental Health Policy and Services of Hong Kong. In the submission, the EOC highlighted the inadequacy of the mental health policy and related services in Hong Kong, as resulted from factors such as shortage of resources and mental health professionals. The expansion of the Integrated Community Centre for Mental Wellness (“ICCMWs”) across 18 districts has also encountered difficulties due to the lack of permanent site and opposition from local residents. Another difficulty experienced by persons with mental illness is unemployment, owing to the discrimination and stigma attached to mental illness. A large number of the EOC-investigated complaints about disability discrimination due to mental illness were related to employment.

The EOC calls on the Government to map out a comprehensive and long-term Mental Health Policy to promote and improve the mental health of the people of Hong Kong as a whole, with strategies to address age-specific mental health problems. The EOC also urges the Government to consider setting up a high-powered and broad-based Mental Health Commission, to proactively co-ordinate and monitor the formulation and implementation of both policies and action plans related to mental health services.

On 8 July, the EOC made another submission to the Legislative Council Panel on Education on the mechanism for handling complaints about the implementation of integrated education and the support for students with mental illness under the existing integrated education system. The EOC has long voiced concern for students with disabilities, who should have equal access to learning opportunities through inclusive education, and has included work in this area as one of the strategic priorities in its work plan. To ensure students with mental illness and special educational needs enjoy equal learning opportunities, the EOC has recommended that there should be early identification of students, with comprehensive and detailed assessment made at the pre-school level. Also, the Government should address the problems of manpower shortage and strengthen the training for teachers and principals on the needs of students with disabilities, particularly students with mental illness.

Read the submission to the LegCo Panel on Health
Read the submission to the LegCo Panel on Education

The second batch of the EOC Community Participation Funding Programme (CPFP) 2014/15 is now open for application. The Programme aims at encouraging eligible organisations to carry out projects that promote public understanding of equal opportunities. It is hoped that the funded projects would foster anti-discriminatory attitudes and motivate members of the public to put aside their prejudices, and support and apply the principles of equal opportunities in everyday life. Interested organisations should send their applications to the EOC by 31 July 2014, and clearly state how the planned activities will promote equal opportunities, and/or foster anti-discriminatory attitudes and behaviours. The maximum funding limit of each project is HK$50,000.

Read the press release
See more details on the CPFP

Many members of different ethnic minority groups continue to experience difficulty accessing public services, including healthcare, due to limited understanding, as well as cultural and linguistic barriers. To address this gap, on 7 July 2014, the EOC organized a workshop specifically for community workers who provide services to ethnic minorities on how to utilize the EOC’s complaint-handling mechanism. The workshop aimed to heighten awareness about the EOC and facilitate access to the Commission’s services by ethnic minority users. Furthermore, in order to ensure that ethnic minority groups have equal opportunity to necessary services and information related to health, the EOC collaborated with the United Christian Nethersole Community Health Service to hold a workshop on breast cancer awareness and rights under the Disability Discrimination Ordinance, including those related to sick leave and work injury, for the Indonesian community. These initiatives are all parts of the EOC’s efforts to promote equal access and racial inclusion in the provision of goods, facilities and services. To arrange similar workshops for your organization or community group, please contact Ms Novianti of the Corporate Communications and Training Unit at 2106 2156.

A World of Colours: the EOC’s resource webpage on racial equality