Policy Statement & Submission

Mr Stephen Fisher
Deputy Secretary for Home Affairs
31st Floor, Southorn Centre
130 Hennessy Road
Wan Chai, Hong Kong


Dear Mr Fisher

In consultation with the Hong Kong General Chamber of Commerce Manpower Committee, Economic Policy Committee and SMEs Committee, and with the endorsement of the General Committee, we are pleased to offer our considered opinion on the proposed “Exception for Differential Treatment between Employees on Local Terms of Employment and those on Overseas Terms of Employment” of the proposed Anti-Racial Discrimination law.

First, we neither seek nor oppose the exemption, at least partially on the grounds that no such clause has been deemed necessary in other jurisdictions. However, if there are private enterprises that are at risk from frivolous law suits under the overly broad conditions laid out in the draft legislation, and if this exemption is the best way to avoid unnecessary waste of private and judicial resources, then we accept that an exemption may be warranted.

Second, in the context of this exemption we are highly concerned that the concept of permanent residency is incorporated into the law. Hong Kong has a very strong policy position of attracting and retaining the very best talent available world wide, and we firmly believe that using residency status to define employees covered by an exemption to an anti-racial discrimination law is inappropriate. We strongly urge that an alternative concept be adopted.

Third, we would wish to see very clear and simple language explaining the law and any exemptions. We believe it would be useful to issue supporting documentation spelling out in detail and in examples what would, or would not constitute racial discrimination under the proposed law.

Finally, we are concerned at the long delays in drafting, submitting to the Legislative Council and implementing this law. Racial discrimination is globally recognized as inappropriate, and it is well past time that Hong Kong legislated against it.

I trust that these views will be received in the spirit in which they are intended, which is to ensure that we have an anti-racial discrimination law that makes sense, that is easily and simply administered and that is fair to all parties.


Sincerely





Mr Steve Tait
Chairman, Manpower Committee