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E-news Issue 266

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EOC Chairperson welcomes move to allow religious head coverings for barristers

In an article published by The South China Morning Post and Ming Pao Daily earlier this month, Mr Ricky CHU Man-kin, EOC Chairperson hailed a recent move by the Bar Association and the Chief Justice to allow an exception on religious grounds to the rule that barristers must wear wigs in court.

Effectve from 1 September 2021, barristers are permitted to wear head coverings consistent with their religious beliefs, provided that they do not cover the face. A circular of the Bar Association gave examples such as kippahs in Judaism, hijabs in Islam, and turbans in Sikhism.

Lauding the change as “a big step for cultural inclusion”, Mr Chu expressed hopes that “it can have a trickle-down effect on other organisations and employers”.

He also cautioned against schools imposing a blanket requirement on students – particularly a ban on religious wear – that is not justifiable. Such a requirement may amount to unlawful indirect racial discrimination under the Race Discrimination Ordinance, if the proportion of students of a racial group who can comply with it is considerably less than the proportion of students of other racial groups who can comply with it, and a person of the former racial group does in fact suffer a detriment (e.g. getting suspended or expelled) because he/she cannot comply with it.

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