A restaurant recently published a social media post stating that it received a call from an EOC officer on 14 February 2020, during which the restaurant was asked to remove a notice about a discriminatory practice, or else it would face prosecution. As the post has raised doubts – directly or indirectly – over the EOC’s handling of the matter, the Commission issued a statement on 16 February 2020.

Prior to the call, the EOC received a complaint alleging that the restaurant had put up a notice that was discriminatory against certain customers. The EOC handled the complaint according to established procedures and decided to call the restaurant and advise it to remove the notice. During the call, the officer did not make any sort of warning nor mention suing the restaurant. Any allegations of the otherwise are misguided.

It is unlawful under the Race Discrimination Ordinance (RDO) to discriminate against, harass or vilify a person on the ground of “race”, which may refer to the race, colour, descent, national or ethnic origin of the person. Although language per se is not included in the RDO’s definition of race, language-related requirements may result in indirect discrimination against a particular ethnic group if members of this group are unable to meet those requirements or conditions and suffer detrimental treatment as a result. For example, when providers of goods and services require all customers to speak a certain language, it may constitute detrimental treatment of ethnic groups who cannot meet the condition, and violate the RDO.

The EOC understands that the novel coronavirus outbreak is causing anxiety and sparking divergent opinions about containment measures. However, discriminatory language and behaviour only serve to fuel division and conflict, rather than bringing the epidemic under control. In these critical times, the EOC once again calls on all sectors in society to practise reason and empathy, try to understand the needs of different communities, and stand in solidarity to overcome our shared challenges.

• Read the full statement