XN000022-1994-07-20 — Page 3

2

WEDNESDAY, JULY 20, 1994

"PROPLE WITH HIV/AIDS WILL ALSO BE COVERED BY THE LEGISLATION,

SHE SAID.

++

TO ENFORCE THE LEGISLATION, MRS WONG POINTED OUT THAT THE THE PURVIEW OF THE EQUAL OPPORTUNITIES COMMISSION, TO BE SET UP UNDER SEXUAL DISCRIMINATION LEGISLATION, WOULD BE EXPANDED.

SHE ENVISAGED THAT THE COMMISSION WOULD SETTLE MOST DISPUTES FOR EXAMPLE, DISCRIMINATION IN THE WORK

THROUGH PLACE,

CONCILIATION.

ON,

++

ONLY WHERE THIS FAILED WOULD THE COMMISSION HELP TO TAKE THEIR CASES TO THE LABOUR TRIBUNAL.

COMPLAINANTS

"IN CASES INVOLVING DISCRIMINATION IN OTHER AREAS, FOR EXAMPLE MEMBERSHIP OF CLUBS OR EDUCATION, AND WHERE CONCILIATION FAILED, THEIR CASES COULD BE TAKEN TO COURT WITH THE ASSISTANCE OF THE LEGAL AID DEPARTMENT AS NECESSARY.

**THE COMMISSION COULD ALSO HELP STEER A TEST CASE OR A CLASS ACTION THROUGH THE COURTS," SHE SAID.

IN KEEPING WITH THE PRAGMATIC APPROACH IN HONG KONG, THE LEGISLATION WILL NOT IMPOSE GENERAL REQUIREMENTS ON EMPLOYERS, DEVELOPERS, SERVICE PROVIDERS AND SO ON TO PROVIDE MORE JOBS OR BETTER FACILITIES TO PERSONS WITH A DISABILITY.

"RATHER, IT WILL MAKE IT UNLAWFUL FOR THEM ΤΟ TREAT SUCH PERSONS LESS FAVOURABLY THAN OTHERS ON ACCOUNT OF THEIR DISABILITY, IN CIRCUMSTANCES THAT ARE THE SAME OR NOT MATERIALLY DIFFERENT.

"THE LEGISLATION WILL THUS PROTECT THE RIGHTS OF SUCH PERSONS OF NOT TO BE DISCRIMINATED AGAINST, RATHER THAN REQUIRE THE PROVISION SERVICES TO MEET THEIR NEEDS, MRS WONG EXPLAINED.

+7

THE LEGISLATION WILL PROVIDE FOR TWO GENERAL EXEMPTIONS, UNJUSTIFIABLE HARDSHIP AND THE INHERENT REQUIREMENTS OF THE JOB.

"EMPLOYERS AND OTHERS, SUCH AS EDUCATIONAL INSTITUTIONS, LANDLORDS, TRANSPORT OPERATORS ETC. WOULD BE ABLE TO DEFEAT A CLAIM OF THE DISCRIMINATION BY SHOWING THAT ACTION NECESSARY TO ACCOMMODATE NEEDS OF PEOPLE WITH A DISABILITY WOULD IMPOSE 'UNJUSTIFIABLE HARDSHIP', SHE SAID.

M

MRS WONG EXPLAINED THAT THE NEED TO DEMONSTRATE HARDSHIP WOULD ONLY ARISE IN RESPONSE TO A COMPLAINT OPPORTUNITIES COMMISSION.

UNJUSTIFIABLE TO THE EQUAL

"IN DETERMINING UNJUSTIFIABLE HARDSHIP, ALL OF THE RELEVANT CIRCUMSTANCES OF A PARTICULAR CASE WOULD BE TAKEN INTO ACCOUNT, INCLUDING THE FINANCIAL CIRCUMSTANCES OF THE EMPLOYER OR BUSINESS CONCERNED, FOR EXAMPLE, THE TECHNICAL FEASIBILITY PROVIDING THE APPROPRIATE ACCOMMODATION OR SERVICES.

AND COSTS OF

"MOREOVER, THE LEGISLATION WOULD NOT REQUIRE THAT PEOPLE WITH A DISABILITY BE GIVEN JOBS WHICH THEY COULD NOT DO.

/"CONSEQUENTLY, THREE

4