The Right to Equality in the Public Sector: An Assessment of Post-Colonial Hong Kong

Hong Kong Law Journal, Vol. 32, No. 1, p. 103, 2002

Posted: 28 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

The Bill of Rights Ordinance established an enforceable right to equality in Hong Kong's public sector. This right was further developed in 1995 when the Sex Discrimination Ordinance and the Disability Discrimination Ordinance were enacted. This legislation should have spurred a comprehensive review of government policies. However, recent cases demonstrate that the government has failed to conduct such a review and that it has actively resisted the Equal Opportunities Commission's (EOC's) efforts to enforce the laws. The government's failure to comply with its own legislation sets a poor example for the private sector and undermines the entire enforcement model, which is supposed to be based largely upon conciliation and public education. In light of this record, the author argues that the EOC should be given stronger enforcement powers and broader jurisdiction over discriminatory acts by the government and public authorities.

Suggested Citation

Petersen, Carole J., The Right to Equality in the Public Sector: An Assessment of Post-Colonial Hong Kong. Hong Kong Law Journal, Vol. 32, No. 1, p. 103, 2002, Available at SSRN: https://ssrn.com/abstract=926673

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/

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Abstract Views
460
PlumX Metrics