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Chinese translation of the term disability
As regards Chinese translation of the term disability, throughout the process of developing our initial ideas and then the legislation itself, we have been in close touch with disability groups. The Bill has benefited a great deal from this dialogue. A point which was, nevertheless, raised only relatively recently is the Chinese term for "disability". It is felt that the term "
" is not appropriate in that it implies weakness. The last thing we would wish to do is to use a word with which those who have a disability are uncomfortable. So we will amend it to
H
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Government activities
As regards Government activities, the Government is already bound by the Bill of Rights not to discriminate in the discharge of its duties generally and by Clause 5 of the Bill to its specific provisions. We have accepted the proposal of the Bills Committee that the Disability Discrimination Bill should, nevertheless, make it explicit that it would be unlawful for the Government to discriminate against a person with a disability in the performance of any of its functions. The amendment we will propose to achieve this is the same as that passed by Members of this Council to the Sex Discrimination Bill.
Requests for Information
As regards requests for information, both the Coalition of AIDS Organisations Against Discrimination and the Advisory Council on AIDS expressed concern that the clause relating to Requests for Information would allow an employer to require all applicants for a job to take an AIDS test regardless of whether it was reasonably necessary having regard to the nature of the job. Although other clauses of the Bill would make it unlawful for the employer to use the information from such a test to discriminate against a particular person with AIDS, by refusing to employ him or her, to allay the concern raised we have taken on board an amendment suggested by Dr Conrad Lam. It will mean, in the example I have quoted, that the request for information of a medical nature would itself be unlawful unless it is necessary to determine whether the job applicant can carry out the requirements of the job. We are gratified that the proposed amendment is so much appreciated by all concern.