Racial Equality and the Law: Creating an Effective Statute and Enforcement Model for Hong Kong

Hong Kong Law Journal, Vol. 34, No. 3, p. 459, 2004

Posted: 29 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 Hong Kong government has commenced a public consultation exercise on a bill to prohibit racial discrimination, which is expected to be introduced in the Legislative Council in early 2005. The government has proposed to model the bill on the existing Sex Discrimination Ordinance (SDO) and the Disability Discrimination Ordinance (DDO). While there are advantages to adopting a familiar format, the author argues that the SDO and DDO can be improved upon, in particular, that a more flexible definition of indirect discrimination should be adopted and that special provisions be drafted to address discrimination against new immigrants from Mainland China. The author takes the view that this is an opportune time to strengthen the enforcement model for all of Hong Kong's anti-discrimination laws. The author proposes that officers at the Equal Opportunities Commission (EOC) be empowered to take a more proactive approach and that a specialist equal opportunities tribunal should be established outside the auspices of the EOC.

Suggested Citation

Petersen, Carole J., Racial Equality and the Law: Creating an Effective Statute and Enforcement Model for Hong Kong. Hong Kong Law Journal, Vol. 34, No. 3, p. 459, 2004, Available at SSRN: https://ssrn.com/abstract=926729

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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