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WEDNESDAY, OCTOBER 26, 1994
IN LINE WITH ITS RESPONSIBILITY TO PROMOTE GENDER EQUALITY, THE COMMISSION WILL CARRY OUT PUBLIC EDUCATION PROGRAMMES ΤΟ PROMOTE EQUALITY OF OPPORTUNITIES BETWEEN THE SEXES AND CONDUCT RESEARCH INTO GENDER RELATED ISSUES. THE COMMISSION IS ALSO EMPOWERED UNDER THE BILL TO DEVELOP AND ISSUE CODES OF PRACTICE, IN CONSULTATION WITH RELEVANT ORGANISATIONS. THESE CODES WILL CONTAIN PRACTICAL GUIDANCE TO ASSIST MEMBERS OF THE COMMUNITY TO COMPLY WITH THE LEGISLATION.
THE COMMISSION WILL HAVE A STRONG CONCILIATION ROLE. THE BILL EMPOWERS THE COMMISSION TO INVESTIGATE INTO COMPLAINTS AND IT CAN MAKE RULES TO REQUIRE PARTIES RELATED TO A COMPLAINT TO ATTEND CONFERENCES WITH A VIEW TO RESOLVING THE MATTER. WHERE CONCILIATION FAILS, THE COMMISSION MAY PROVIDE ASSISTANCE IN RESPECT OF LEGAL PROCEEDINGS. NONETHELESS, I EXPECT THAT A MAJORITY OF THE COMPLAINTS WILL BE RESOLVED IN THE COURSE OF CONCILIATION WITHOUT THE NEED FOR RESORTING TO THE COURT.
THE BILL ALSO EMPOWERS THE COMMISSION TO CONDUCT FORMAL INVESTIGATIONS ON ITS OWN INITIATIVE OR UPON THE REQUEST OF THE CHIEF SECRETARY, FOR ANY PURPOSE CONNECTED WITH THE CARRYING OUT OF ITS FUNCTIONS. THE COMMISSION WILL PREPARE AND PUBLISH OR MAKE AVAILABLE FOR PUBLIC INSPECTION A REPORT ON ANY FORMAL INVESTIGATION IT INITIATES. FURTHERMORE, THE BILL EMPOWERS THE COMMISSION TO ISSUE ENFORCEMENT NOTICES AGAINST PERSONS WHERE, IN THE COURSE OF ANY FORMAL INVESTIGATION, THE COMMISSION IS SATISFIED THAT SUCH PERSONS HAVE CONTRAVENED THE BILL. WHERE A PERSON PERSISTENTLY CONTRAVENES BILL, THE COMMISSION IS EMPOWERED TO APPLY TO THE DISTRICT COURT AN INJUNCTION TO RESTRAIN SUCH PERSISTENT DISCRIMINATORY PRACTICES SEXUAL HARASSMENT.
THE
FOR OR
AS REGARDS ENFORCEMENT, THE BILL VESTS THE POWER TO HEAR ALL SEX DISCRIMINATION AND SEXUAL HARASSMENT CASES WITH THE DISTRICT COURT. TO ENHANCE THE ACCESSIBILITY OF THE DISTRICT COURT, THE JUDICIARY PROPOSES TO DESIGNATE A COURT AT THE DISTRICT COURT LEVEL TO HEAR ALL SEX DISCRIMINATION AND SEXUAL HARASSMENT CASES ARISING FROM THE BILL. THE DISTRICT COURT MAY ALSO ALLOW PERSONS WHO ARE NEITHER LEGALLY QUALIFIED NOR PARTIES TO THE PROCEEDINGS ΤΟ ADDRESS IT. FURTHERMORE, THE USE OF CHINESE LANGUAGE IN THE COURT WILL ALSO BE ALLOWED. CONSIDERATION WILL ALSO BE GIVEN FOR THE DISTRICT COURT TO MAKE ORDERS FOR COSTS EXERCISABLE ONLY IN EXCEPTIONAL CIRCUMSTANCES. TAKEN TOGETHER, THESE INNOVATIVE MEASURES ENSHRINED IN THE BILL WOULD PROVIDE AN EFFICIENT AND ACCESSIBLE AVENUE OF REDRESS FOR THE AGGRIEVED.
WHILE IT IS IMPORTANT THAT SEX DISCRIMINATION LEGISLATION SHOULD BE EFFECTIVE, WE RECOGNISE THAT SUCH LEGISLATION SHOULD NOT UNREASONABLY RESTRICT INDIVIDUAL FREEDOM OR IMPOSE UNDUE FINANCIAL BURDENS. AFTER CAREFUL CONSIDERATION, WE HAVE THEREFORE PROVIDED EXCEPTIONS TO THE DISCRIMINATION RENDERED UNLAWFUL BY THE BILL. IN TO EMPLOYMENT MATTERS, EXCEPTIONS ARE PROVIDED TO ALLOW FOR SITUATIONS WHERE BEING A PARTICULAR SEX IS A GENUINE OCCUPATIONAL QUALIFICATION. SUCH SITUATIONS ARISE FROM THE NATURE OF THE JOB, CONSIDERATIONS OF DECENCY OR PRIVACY, THE NATURE OF THE ESTABLISHMENT AT WHICH DUTIES ARE PERFORMED, AND THE NEED FOR WELFARE, EDUCATIONAL OR
PERSONAL SERVICES TO BE PROVIDED BY PERSONS OF A PARTICULAR SEX. WITH REGARD TO DISCRIMINATION ON THE GROUND OF MARITAL STATUS, THE BILL PROVIDES THAT IT WILL NOT BE UNLAWFUL FOR AN EMPLOYER TO PROVIDE DIFFERENT LEVELS OF SPECIFIED BENEFITS OR ALLOWANCES FOR EMPLOYEES WITH DIFFERENT MARITAL STATUS. BY VIRTUE OF THIS EXCEPTION, AN EMPLOYER IS ALLOWED TO PROVIDE, FOR EXAMPLE, A HIGHER LEVEL OF HOUSING ALLOWANCE TO EMPLOYEES WHO ARE MARRIED.
/DURING THE
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