The Failure of the Hong Kong Court of Appeal to Recognise and Remedy Disability Discrimination

Hong Kong Law Journal, 2006

Posted: 18 Aug 2006

See all articles by Carole J. Petersen

Carole J. Petersen

William S. Richardson School of Law; Matsunaga Institute for Peace, University of Hawaii at Manoa

Abstract

This article critiques the recent decision of the Hong Kong Court of Appeal in Ma Bik Yung v Ko Chuen, the first case to be tried under Hong Kong's Disability Discrimination Ordinance. The Court of Appeal upheld the District Court's finding of disability harassment but granted the appeal from the finding of disability discrimination. The author argues that the Court erred, by introducing a hypothetical factual scenario that was inconsistent with the District Court's findings of fact and by failing to apply s 3 of the Ordinance. The article also criticises the Court's holding that an unwilling apology is outside the scope of remedies allowed by the Ordinance. In fact similar statutory language is regularly used in Australia as the basis for orders to apologise. The author concludes by considering the potential conflict between the right to free expression and court-ordered apologies and suggests two possible approaches to the issue.

Suggested Citation

Petersen, Carole J., The Failure of the Hong Kong Court of Appeal to Recognise and Remedy Disability Discrimination. Hong Kong Law Journal, 2006, Available at SSRN: https://ssrn.com/abstract=925192

Carole J. Petersen (Contact Author)

William S. Richardson School of Law ( email )

2515 Dole Street
Honolulu, HI 96822-2350
United States

HOME PAGE: http://https://www.law.hawaii.edu/personnel/petersen/carole

Matsunaga Institute for Peace, University of Hawaii at Manoa ( email )

Saunders Hall
2424 Maile Way
Honolulu, HI 96822
United States
808-956-6940 (Phone)

HOME PAGE: http://https://peaceinstitute.manoa.hawaii.edu/carole-petersen/

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