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60
WEDNESDAY, OCTOBER 26, 1994
EMPLOYERS DURING THE GREEN PAPER CONSULTATION EXERCISE, SMALL HAVE EXPRESSED CONCERNS ABOUT THE POSSIBLE PROBLEMS ARISING FROM FRIVOLOUS COMPLAINTS. TO ADDRESS THESE LEGITIMATE CONCERNS, WE HAVE PROPOSED IN THE BILL A GRACE PERIOD OF FIVE YEARS AS A TRANSITIONAL MEASURE TO ALLOW SMALL BUSINESS ESTABLISHMENTS WITH NOT MORE THAN FIVE EMPLOYEES TO
WITH THE LEGISLATION. COMPLY
WE
THIS BELIEVE THAT ARRANGEMENT WILL GIVE SMALL EMPLOYERS THE TIME TO BETTER UNDERSTAND THE OPERATION OF THE BILL AND WE INDEED HOPE TO SEE EMPLOYER ASSOCIATIONS WORKING TOGETHER WITH THE EQUAL OPPORTUNITIES TO PROMOTE UNDERSTANDING OF THE BILL AMONG SMALL EMPLOYERS.
COMMISSION
TO
AN
IN LINE WITH OUR DECISION TO SEEK TO ENTER A RESERVATION CEDAW IN RESPECT OF THE SMALL HOUSE POLICY, THE BILL ALSO PROVIDES EXCEPTION FOR THIS POLICY. THIS EXCEPTION ALLOWS US TO RESERVE THE RIGHT TO CONTINUE WITH THE SMALL HOUSE POLICY.
CAN
THE SEX DISCRIMINATION BILL IS A MAJOR STEP IN THE DEVELOPMENT OF AN ENVIRONMENT CONDUCIVE TO FREE COMPETITION IN HONG KONG. WE HAVE NOT MOVED HASTILY, WE HAVE NOT TRIED TO GO BEYOND THE LEVELS WHICH THE COMMUNITY AT LARGE WANT US TO GO: WE HAVE APPROACHED THIS ISSUE CAREFULLY, AWARE OF THE HIGH EMOTIONS WHICH SUCH SENSITIVE ISSUES RAISE. WE HAVE PREPARED LEGISLATION WHICH IS SUITABLE FOR HONG AND, MORE IMPORTANTLY, HAVE GONE BEYOND LEGISLATION TO ENSURE THERE WILL BE AN EFFECTIVE INDEPENDENT AGENCY SET UP TO ENSURE EFFECTIVE IMPLEMENTATION OF THE SEX-DISCRIMINATION LEGISLATION AND FULFIL THE ESSENTIAL FUNCTION OF PUBLIC EDUCATION WHICH IS CRUCIAL THE SUCCESS OF ANY MEASURES INTRODUCED TO ELIMINATE DISCRIMINATION.
KONG
THAT
THE
TO
TO
THE ENACTMENT OF THE BILL WILL PROVIDE THE MEANS BY WHICH MEMBERS OF THE COMMUNITY WILL BE ABLE TO MAKE THE MOST OF THEIR POTENTIAL TO PARTICIPATE FULLY IN ALL AREAS OF ACTIVITY. MOREOVER, IT WILL ENSURE THAT THE PEOPLE OF HONG KONG ENJOY A SIMILAR LEVEL OF LEGAL PROTECTION AS THEIR COUNTERPARTS IN OTHER ADVANCED SOCIETIES IN RESPECT OF EQUAL OPPORTUNITIES BETWEEN WOMEN AND MEN. CONVINCED THAT THIS BILL, WHICH IS OUR RESPONSE TO DEMONSTRATED PUBLIC DEMAND, WILL SERVE HONG KONG'S NEEDS WELL.
THE BILL
WE ARE
PART I OF THE BILL DEFINES THE TERMS USED IN THE BILL AND PROVIDES THAT THE BILL BINDS THE GOVERNMENT.
PART II SPECIFIES THE VARIOUS KINDS OF DISCRIMINATION TO WHICH THE BILL APPLIES. THESE ARE SEX DISCRIMINATION AGAINST WOMEN, SEX DISCRIMINATION AGAINST MEN, DISCRIMINATION ON THE GROUND OF MARITAL STATUS OR PREGNANCY IN THE EMPLOYMENT FIELD AND DISCRIMINATION BY WAY OF VICTIMISATION.
OF
PART III RELATES TO DISCRIMINATION AND SEXUAL HARASSMENT IN THE EMPLOYMENT FIELD. CLAUSE 10 MAKES IT UNLAWFUL FOR A PERSON TO DISCRIMINATE AGAINST PROSPECTIVE OR EXISTING EMPLOYEES, BOTH IN RESPECT OF THE TERMS ON WHICH EMPLOYMENT IS OFFERED AND IN RESPECT ACCESS TO OPPORTUNITIES FOR PROMOTION, TRANSFER OR TRAINING. CLAUSE 11 SPECIFIES THE CASES WHERE CLAUSE 10 DOES NOT APPLY BECAUSE A PARTICULAR SEX IS A GENUINE OCCUPATIONAL QUALIFICATION FOR THE JOB CONCERNED.
/PART IV