WEDNESDAY, DECEMBER 16, 1992

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SCA ON WOMEN'S RIGHTS

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FOLLOWING IS THE FULL TEXT OF THE SPEECH BY SECRETARY FOR CONSTITUTIONAL AFFAIRS, MR MICHAEL SZE, WHEN WINDING UP THE MOTION DEBATE ON "CEDAW" IN THE LEGISLATIVE COUNCIL TONIGHT (WEDNESDAY):

MR DEPUTY PRESIDENT,

TODAY'S DEBATE IS A WELCOME OPPORTUNITY FOR THE ADMINISTRATION ΤΟ HEAR VIEWS OF HONOURABLE MEMBERS ON THE COMPLEX ISSUE OF WOMEN'S RIGHTS. ALTHOUGH THE ADMINISTRATION HAS HAD A REGULAR DIALOGUE WITH SOME WOMEN'S GROUPS ON THE QUESTION OF DISCRIMINATION AGAINST WOMEN, WE HAVE YET TO HEAR MUCH FROM OTHER SECTORS OF THE COMMUNITY ON THIS VERY IMPORTANT ISSUE. I HOPE THIS DEBATE, WHATEVER THE OUTCOME, WOULD ASSIST IN RAISING PUBLIC AWARENESS ON THIS ISSUE AND RESULT

THE EMERGENCE OF A WIDER SPECTRUM OF PUBLIC OPINION.

IN

AS REGARDS THE ADMINISTRATION'S VIEWS, LET ME START BY REPEATING WHAT MY COLLEAGUE THE SECRETARY FOR EDUCATION AND MANPOWER HAS SAID AT THE BEGINNING OF THIS DEBATE, WHICH IS THAT THE ADMINISTRATION SUBSCRIBES TO THE PRINCIPLE OF EQUALITY OF THE SEXES. CEDAW IS BUT ONE OF THE MEANS OF ACHIEVING THIS. THE ADMINISTRATION, HOWEVER, HAS SERIOUS DOUBTS AS TO WHETHER IT IS THE BEST OR THE MOST EFFECTIVE INSTRUMENT IN ACHIEVING THE OBJECT OF ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN.

AS THE SECRETARY FOR EDUCATION AND MANPOWER HAS EXPLAINED IN SOME DETAIL, THE EXTENSION OF CEDAW WOULD REQUIRE THE ENACTMENT OF LEGISLATION AGAINST SEX DISCRIMINATION APPLICABLE TO BOTH THE PUBLIC AND PRIVATE SECTORS. SUCH LEGISLATION WOULD HAVE TO COVER A WIDE RANGE OF AREAS, AS CEDAW ITSELF STIPULATES STANDARDS IN A WIDE RANGE OF AREAS ALMOST ALL ASPECTS OF LIFE. IT WOULD INVOLVE A HIGH DEGREE OF GOVERNMENT INTERVENTION IN THE OPERATION OF THE LABOUR MARKET AND GIVE RISE TO RIGIDITIES IN EMPLOYMENT PRACTICES.

MEMBERS ARE AWARE THAT IT HAS ALWAYS BEEN THE GOVERNMENT'S POLICY TO EXERCISE MINIMUM INTERVENTION IN THE LABOUR MARKET AND THAT THIS HAS WORKED WELL FOR HONG KONG AS A WHOLE. THE GOVERNMENT WOULD HESITATE, WITHOUT WIDE CONSULTATION, TO DEPART FROM THE NON- INTERVENTIONIST POLICY AND TAKE THE MAJOR STEP OF INTRODUCING ANTI- DISCRIMINATION OR EQUAL PAY LEGISLATION AFFECTING THE PRIVATE SECTOR.

MR DEPUTY PRESIDENT, WB WOULD ASK OURSELVES WHETHER THE EXTENSION OF CEDAW, GIVEN ITS FAR-REACHING WIDE IMPLICATIONS, IS PRACTICABLE AND DESIRABLE AT THIS STAGE. IS SEX DISCRIMINATION A SERIOUS PROBLEM IN HONG KONG? IS CEDAW THE ONLY WAY, OR AN EFFECTIVE ONE AT THAT, TO IMPROVING THE LOT OF WOMEN IN SOCIETY? WE HAVE NO CLEAR-CUT ANSWERS TO THESE QUESTIONS YET. THE WORKING GROUP CHAIRED BY THE SECRETARY FOR EDUCATION AND MANPOWER HAS FOUND NO EVIDENCE то SUGGEST THAT SEX DISCRIMINATION IN EMPLOYMENT IS A SERIOUS OR WIDESPREAD PROBLEM. IT IS ALSO QUESTIONABLE WHETHER THE STATUS WOMEN IN SOME OTHER COUNTRIES WHICH ARE PARTIES TO CEDAW THAN THAT OF WOMEN IN HONG KONG.

IS

OF HIGHER

/BEFORE WE

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