Numerous cases have shown that while workers were picketing outside the factory, they were confronted and forced to disperse by the police. Furthermore, many employers can easily obtain injunctions from the court to remove any 'obstruction of business'.
Moreover, the right to strike by civil servants is constrained. For example, the Letter Patent says, 'Subject to the provisions of Article XVI A, the Governor may, subject to such instructions as may from time to time be given to him by Us through one of Our Principal Secretaries of State, upon sufficient cause to him appearing, dismiss or suspend from the exercise of his office any person holding any public office within the Colony, or, subject as aforesaid, may take such other disciplinary action as many seem to him desirable.'
In October 1990, this article had been quoted by the Postmaster General to intimidate the postal unionists of possible measures of dismissal, in order to deter them from organizing industrial action. This action was condemned by the ILO experts.
5. Women's Rights
The Hong Kong government has been reluctant to play any role in promoting sexual equality. For the women workers, the government has been reluctant to introduce a legislative framework which aims to safeguard equality between the two sexes in employment and to remove any discriminatory practices in line with the UN convention. According to information provided by the Census and Statistic Department, in 1993, women in Hong Kong received an average of 27% less in wages than their male counterparts. Sex -specific recruitment advertisements can be found on every page of classified advertisements. Occupational segregation is accompanied by low- paid, less promotion opportunities for jobs predominately occupied by women. Women, especially the unskilled, also suffer from age discrimination. In Hong Kong, 30 is a critical age for most of the women in the manufacturing sector. It is difficult for married women to re- enter the labour market when they are over 30 years of age. Women are discouraged to participate in the labour market since child care facilities are hopelessly inadequate. According to recent statistics, only 7% of the demand for services are now being provided.
The passage of the Bill of Rights has little effects in advancing the rights of women. It does not contain any protection against discrimination. Nor does it provide an effective mechanism to enforce the Bill. One major weakness of the Bill, which has significant impact on women's rights is that it is restricted to relations between the Government and private individuals. It does not protect individuals from abuses by other private citizens.. Thus there is no channel for a victim of sexual discrimination to seek justice through legal procedures.
The Government's reluctance to regulate the private sector to eliminate sexual discrimination is clearly affirmed by its refusal to extend to Hong Kong the Convention
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