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I would now like to turn to the key changes we propose to make to the Bill during the Committee Stage.
The transitional period
The Bill renders unlawful sex discrimination in the employment field. Since this type of legislation is new to Hong Kong, it is prudent to allow a transition period for small business establishments so that they can familiarise themselves with the provisions of the legislation. Accordingly, the Bill provides for a five year transition period for business establishments with not more than 5 employees. This provision has attracted much debate among Members of the Bills committee, and employee and employer organisations. Having carefully considered the various views expressed, we will propose an amendment to reduce the length of the period from five to three years. However, we fully appreciate employers" concerns that the legislation may create undue hardship for small businesses if it is applied too quickly to them. We will therefore ask the Equal Opportunities Commission to review whether this transitional period needs to be adjusted in the light of the operation of the Ordinance.
Extension of the scope of discrimination on the grounds of marital status and pregnancy to other fields of activity
Under the Sex Discrimination Bill, discrimination on the grounds of marital status and pregnancy in the employment field is unlawful. In response to the concerns expressed by Members of the Bills Committee and various women's organisations, we will propose an amendment that would also make it unlawful to discriminate on the grounds of marital status and pregnancy in the other areas of activity covered by the Bill namely, education, the provision of goods and services and the disposal and management of premises.
Government activities
Members of the Bills Committee proposed that discrimination in relation to the Government's activities should be explicitly covered in the legislation. In fact, Government is already bound not to discriminate by the Bill of Rights Ordinance. Furthermore, the Sex Discrimination Bill applies equally to the Government as it does to persons in the non-public sector. However, to put the matter beyond any possible doubt, we will propose an amendment to make it explicit that the Government will be bound by the provisions of the Bill in the performance of its functions or the exercise of its powers. Our proposed committee stage amendment on this largely reflects the relevant principles of the Bill of Rights Ordinance, including the exception for immigration control.