The Equal Opportunities Commission (EOC) is highly concerned about a recent incident in which a wheelchair user was denied entry into a restaurant and prevented from enjoying dining services. The EOC has been promoting the importance of providing a barrier-free environment and universal accessibility to various sectors. In response to the incident, the EOC is proactively working with representatives of the catering industry to explore ways to provide support to staff of the industry to enhance their understanding of the Disability Discrimination Ordinance (DDO), and to remind the industry of the best practices for providing dining services to people with disabilities, thereby accommodating customers with diverse needs.

Under the DDO, it is unlawful to discriminate against a person on the ground of his or her disability in prescribed areas, including employment, education, provision of goods, services and/or facilities, and access to premises.

EOC Chairperson Ms Linda LAM Mei-sau said, “The United Nations Convention on the Rights of Persons with Disabilities affirms that people with disabilities should enjoy equal opportunities to participate fully in all aspects of society and live independently, which includes being able to access dining services independently. The Convention is implemented in Hong Kong through the DDO. If a restaurant denies entry to a wheelchair user without reasonable justification, it could amount to unlawful discrimination under the DDO. Under the DDO, employees are personally liable for their discriminatory acts. Employers may also be held vicariously liable for the unlawful acts committed by their employees, regardless of whether they are aware of or approve of those acts, unless they can demonstrate that they have taken reasonable steps to prevent such acts. Hence, it is important for employers to take the DDO seriously and provide appropriate training to staff members to enhance their understanding of the protections under and applications of the DDO.”

In addition to expressing concerns about the incident through the media earlier, the EOC has proactively reached out to the catering industry to explore different ways to strengthen the education for management and frontline staff of the industry, such as setting up meetings, providing training sessions, and conducting seminars. The sessions will explain the Practical Guide on Universal Design for Catering Services, which was published last year. The guide covers a consumer’s journey from entering the restaurant to placing orders and dining, and provides design specifications and examples of best practices to help the building of accessible dining environments. The training will also introduce different ways to provide reasonable accommodation, as well as the protections and applications of the DDO in order to support the catering industry to serve individuals with diverse needs. 

The EOC is conscious of the needs of people with disabilities in all aspects of daily life, and will continue to assist and encourage the catering industry to meet the diverse needs of customers through various initiatives. In November 2023, the EOC held a seminar entitled ‘Applying Accessible Technology in Catering Services’ to encourage the catering industry to adopt accessible technology for achievement of digital inclusion. In February this year, the EOC launched the first ‘Universal Design Award Scheme’ in Hong Kong and held a recognition ceremony earlier this month to recognise organisations with outstanding contributions in implementing universal design. The scheme aims to motivate more organisations to adopt good practices for universal design, thereby empowering the community to work together for the building of an accessible environment. 

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