Racial harmony: Permanent Secretary for Home Affairs Carrie Lam says the Race Discrimination Bill is the result of extensive consultations and careful drafting.

The Race Discrimination Bill, to be tabled to lawmakers on December 13, has shown the Government's commitment in promoting racial harmony and safeguarding people's rights.

Secretary for Home Affairs Patrick Ho pointed out the bill aims to make racial discrimination and harassment in prescribed areas and vilification on the grounds of race unlawful, and to prohibit serious vilification on that ground.

It also seeks to extend the jurisdiction of the Equal Opportunities Commission to cover racial discrimination.

Six areas targetted

The bill also aims to ban racial discrimination and harassment in six areas of activities - employment; education; provision of goods, facilities, services and premises; election and appointment to public bodies; pupilage and tenancy by, and instructions to barristers; and membership and access to clubs.

"We wish to assure our ethnic minorities that the Government is concerned about their rights and well-being. The prosperity of Hong Kong is founded, among other things, on its cosmopolitan nature and contribution of its people from different background and ethnic origins. Racial harmony is an important cornerstone for social harmony," he said.

"The bill demonstrates the Government's unwavering determination and efforts in promoting a culture of acceptance, mutual understanding and respect among people of different races, which I believe is the quintessence of a harmonious society."

Decision not made lightly

At a press conference, Permanent Secretary for Home Affairs Carrie Lam said the bill is the result of extensive consultations and careful drafting.

She said the decision to legislate against racial discrimination was not made lightly, adding there were thorough deliberations within Government and in the community first, as well as extensive public-education work to raise awareness of racial equality and foster a culture of mutual understanding.

As a result, the proposal has gained majority support, she said.

In 1997, more than 80% of respondents surveyed opposed racial discrimination legislation. A similar survey in 2004 found 60% in support of legislation. Most respondents believed that legislation would not have an adverse effect on Hong Kong's economy.

Exception clause

Mrs Lam said, in situations when an individual's privacy or freedom of choice are involved, the Government considers it necessary to allow for exceptions.

"For example, while employment is a protected area, we allow individual employers to appoint a domestic helper of a particular ethnicity on grounds that the employer should have the choice of deciding whom to bring into the home to live with him or her and their family," she said.

"The same applies to providers of foster-care service in a home setting as well as landlord/tenant relationship where the landlord who also lives in the flat should have the freedom to choose his or her tenant, but we have been careful in limiting such exceptions to small dwellings."

She stressed that exception clauses will not dilute the effect of the bill.

Support pledged

Dr Ho stressed the legislation must go hand in hand with public education and support for better integration. In this connection, the Government will continue its endeavours in funding and support for promotion of racial harmony and integration of the ethnic minorities in Hong Kong.

"While it is important to make legislation against racial discrimination, it is also important that the society maintains compassion and care for different races," Dr Ho added.

The Race Discrimination Bill will be gazetted on Friday.

A booklet has been published to help explain the main provisions in the bill. Apart from producing it in Chinese and English, the Administration is translating the booklet into the native language of several ethnic groups residing in Hong Kong for their easy reference.