58

DEBATE ON THE BILL WAS ADJOURNED.

WEDNESDAY, OCTOBER 26, 1994

FOR

FOLLOWING IS THE FULL TEXT OF THE SPEECH BY THE SECRETARY HOME AFFAIRS MR MICHAEL SUEN WHEN MOVING THE SECOND READING OF THE SEX DISCRIMINATION BILL IN THE LEGISLATIVE COUNCIL THIS AFTERNOON:

MR PRESIDENT,

I MOVE THAT THE SEX DISCRIMINATION BILL BE READ A SECOND TIME.

GOVERNMENT IS FIRMLY COMMITTED TO PROMOTING GENDER EQUALITY IN HONG KONG AND ACCEPTS THAT THE DEVELOPMENT OF OUR SOCIETY AND COMMUNITY HAS REACHED THE POINT WHERE IT IS NOW APPROPRIATE TO DEVELOP MEASURES TO ACHIEVE THIS. TOWARDS THIS END, WE PUBLISHED IN AUGUST 1993 A GREEN PAPER ON EQUAL OPPORTUNITIES FOR WOMEN AND MEN TO SOLICIT PUBLIC VIEWS ON THE MEASURES WHICH COULD BE TAKEN TO OPPORTUNITIES BETWEEN THE SEXES. TO LEGISLATE DISCRIMINATION WAS ONE OF THE PROPOSALS PUT FORWARD PAPER. MEMBERS OF THE PUBLIC RESPONDED POSITIVELY AND 1100 WRITTEN SUBMISSIONS ON THE GREEN PAPER, THE OVERWHELMING MAJORITY OF WHICH SUPPORTED THE LEGISLATIVE OPTION. IN RESPONSE TO THIS CLEAR COMMUNITY DEMAND, WE ANNOUNCED IN JUNE THIS YEAR THE DECISION TO

DEVELOP LEGISLATION AGAINST SEX DISCRIMINATION.

+

ENHANCE EQUAL AGAINST SEX IN THE GREEN WE RECEIVED

THE SEX DISCRIMINATION BILL IS THE PRODUCT OF 14 MONTHS OF THOROUGH RESEARCH, WIDE CONSULTATION AND IN-DEPTH ANALYSIS. THIS BILL HAS BEEN PREPARED AFTER CAREFUL THOUGHT; IT TAKES INTO ACCOUNT THE DIVERSE VIEWS EXPRESSED BY VARIOUS SECTORS OF OUR COMMUNITY. IT REFLECTS COMMUNITY ASPIRATIONS ON HOW WE SHOULD PROCEED TO ACHIEVE EQUAL OPPORTUNITIES BETWEEN THE SEXES IN A MEASURED AND APPROPRIATE MANNER.

TO

THE BILL RENDERS UNLAWFUL SEX DISCRIMINATION AND SEXUAL HARASSMENT IN SPECIFIED AREAS OF ACTIVITY. THESE INCLUDE EMPLOYMENT, EDUCATION, PROVISION OF GOODS AND SERVICES, AND THE DISPOSAL AND MANAGEMENT OF PREMISES. IN ADDITION, THE BILL ALSO MAKES IT UNLAWFUL DISCRIMINATE AGAINST A PERSON ON THE GROUND OF MARITAL STATUS OR PREGNANCY IN THE EMPLOYMENT FIELD. THE BILL ALSO RENDERS UNLAWFUL DISCRIMINATION BY WAY OF VICTIMISATION. THIS MAY OCCUR, FOR EXAMPLE, WHERE AN EMPLOYEE WHO HAS ASSERTED HIS OR HER RIGHTS UNDER THE BILL IS SUBSEQUENTLY SUBJECT TO UNFAVOURABLE TREATMENT BY HER EMPLOYER AS A DIRECT CONSÉQUENCE OF THE ACTION TAKEN UNDER THE BILL.

ΤΟ OVERSEE THE IMPLEMENTATION OF THE SEX DISCRIMINATION LEGISLATION, THE BILL PROVIDES FOR THE ESTABLISHMENT OF AN EQUAL OPPORTUNITIES COMMISSION, THERE ARE FOUR MAIN FUNCTIONS OF THE COMMISSION : FIRST, то WORK TOWARDS THE ELIMINATION OF SEX DISCRIMINATION AND SEXUAL HARASSMENT; SECONDLY, TO PROMOTE EQUALITY OF OPPORTUNITY BETWEEN MEN AND WOMEN; THIRDLY, TO INVESTIGATE UPON COMPLAINT, ANY ACT ALLEGED TO BE UNLAWFUL BY VIRTUE OF THE BILL AND ENDEAVOURING, BY CONCILIATION, TO EFFECT A SETTLEMENT OF THE MATTER IN DISPUTE; AND FOURTHLY, TO KEEP UNDER REVIEW THE WORKING OF THE SEX DISCRIMINATION LEGISLATION AND WHERE NECESSARY, SUBMIT RECOMMENDATIONS TO THE GOVERNOR FOR AMENDING THE LEGISLATION.

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