The following can only be a brief introduction of the legal subject concerned. Before you take any action which may have legal consequence, you should first seek advice from your own lawyer or make an appointment at any District Office to see a volunteer lawyer of the Free Legal Advice Scheme.




(818) HONG KONG'S ANTI-DISCRIMINATION LAWS

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There are four Ordinances currently in operation in Hong Kong, which provide protection to persons against discrimination, harassment, vilification, victimization and other unlawful acts in certain fields or areas of life. These are the Sex Discrimination Ordinance ("SDO"), the Disability Discrimination Ordinance ("DDO"), the Family Status Discrimination Ordinance ("FSDO") and the Race Discrimination Ordinance ("RDO").

The SDO provides protection against discrimination on the grounds of sex, pregnancy and marital status. Sexual harassment and victimization are also unlawful under the SDO. These acts or conduct are unlawful if committed in the fields of employment, education, provision of goods, services and facilities, disposal or management of premises, eligibility to vote for and to be elected or appointed to advisory bodies, participation in clubs, and activities of Government.

The DDO provides protection against discrimination and harassment on the ground of disability. Vilification and victimization are also unlawful under the DDO. Such acts or conduct are unlawful if committed in the fields of employment, education, provision of goods, services and facilities, access to premises, disposal or management of premises, participation in clubs and sporting activities and activities of Government.

The FSDO provides protection against discrimination on the ground of family status. Family status means having responsibility for the care of an immediate family member. Victimisation is also unlawful under the FSDO, and the fields to which the FSDO applies are the same as for the SDO.

The RDO provides protection against discrimination, harassment and vilification on the ground of race. Under the RDO, race in relation to a person means the race, colour, descent, national or ethnic origin of the person. Victimization is also unlawful under the RDO. The fields to which the RDO applies are generally similar to the SDO.

Discrimination may be direct or indirect. Direct discrimination is where one person is treated less favourably than another person in the same or similar circumstances on one of the protected grounds. Not all unfair treatment amounts to discrimination: the treatment must be less favourable on the ground of sex, pregnancy, marital status, disability, family status or race. In other words, there must be a comparison of treatment between people with or without the protected characteristic.

Indirect discrimination is where a condition or requirement is applied equally to all persons, but has the effect of disadvantaging persons with a particular attribute (that is, such as persons of a particular sex or persons with a disability) and the condition or requirement is to their detriment because they cannot comply with it, and it is not justifiable.

An aggrieved person (or a representative authorized on their behalf) may lodge a written complaint with the Equal Opportunities Commission ("EOC") if they feel that they have been discriminated against, harassed, victimized or vilified. The EOC has a statutory function under all four Ordinances to investigate into such written complaints and endeavour to conciliate them.

The EOC will ask the complainant for information and details about the allegations, and will also ask the Respondent to provide a response to the allegations and information which will assist the investigation. The EOC must investigate into each complaint made, unless it otherwise exercises its discretion not to conduct an investigation, or to discontinue it, on certain grounds. These include where the EOC is satisfied that the act is not unlawful by reason of a provision of the Ordinance, the EOC is of the opinion that the aggrieved person does not desire the investigation to be conducted or continued, the unlawful act complained of is more than 12 months old, or the EOC is of the opinion that the complaint is frivolous, vexatious, misconceived or lacking in substance. The EOC may also decline or discontinue a representative complaint if it thinks a representative complaint is not appropriate.

The conciliation attempted by the EOC is a voluntary process and the parties will be asked if they wish to participate and to try to resolve the dispute amicably. If the matter cannot be successfully resolved, the complainant may apply to the EOC for legal assistance to take the case to court. The EOC may give assistance if it thinks it fit to do so. In deciding whether to give assistance, the EOC will consider all relevant factors, including (1) whether the case raises a question of principle; (2) the complexity of the case; (3) the strength of evidence; (4) whether the case can set important legal precedent; (5) whether litigation can lead to effective a remedy for the applicant, and whether the case can be effectively used to enhance public awareness and promote equal opportunities; (6) the attitude and behaviour of the parties.

Complainants may also apply to the Legal Aid Department if they wish to do so, or bring proceedings themselves. In fact, complainants may issue legal proceedings themselves without even lodging a complaint in writing with the EOC. Legal proceedings under the four Ordinances are brought in the District Court.

If you feel that you have been discriminated against, or harassed, victimized or vilified under one of the Ordinances, you may wish to speak to an officer of the EOC for information about your rights under the law. For details, please telephone the EOC Enquiry Hotline number 2511 8211 during office hours from Monday to Friday. At weekends and public holidays an answer phone will record your message.

Date of amendment: 22nd February 2013