XN000022-1994-10-14 — Page 23

21

J

FRIDAY, OCTOBER 14, 1994

"THE COMMISSION WILL HAVE THE POWER ΤΟ ISSUE ENFORCEMENT NOTICES AGAINST PERSONS WHERE, IN THE COURSE OF ANY FORMAL INVESTIGATION, THE COMMISSION BECOMES SATISFIED THAT THEY HAVE COMMITTED UNLAWFUL DISCRIMINATORY ACTS OR UNLAWFUL ACTS OF SEXUAL HARASSMENT.

COMMISSION AN INJUNCTION

"WHERE A PERSON PERSISTENTLY COMMITS SUCH ACTS, THE IS ALSO EMPOWERED TO APPLY TO THE DISTRICT COURT FOR RESTRAINING THE PERSON FROM SO DOING.

"WITH

ABLE

STRONG CONCILIATION POWERS, THE COMMISSION WILL BE TO PERFORM THE IMPORTANT TASK OF SAFEGUARDING EQUAL OPPORTUNITIES

SEXES BETWEEN THE

WITHOUT CREATING AN UNDULY LITIGATIOUS SOCIAL ENVIRONMENT, MR SUEN SAID.

**

AND SEXUAL

ON THE JUDICIAL MECHANISM, MR SUEN SAID THE DISTRICT COURT WILL BE VESTED WITH THE POWER TO HEAR ALL SEX DISCRIMINATION HARASSMENT CASES.

"TO

FOR THE AGGRIEVED

PARTIES,

THE

THE

THE

ACCESSIBILITY ENHANCE JUDICIARY PROPOSES TO DESIGNATE A COURT AT THE DISTRICT COURT LEVEL TO

UNDER HEAR

SEX DISCRIMINATION AND SEXUAL HARASSMENT CASES ALL

то BILL.

ENCOURAGE ACCESS TO THE COURT, IT IS PROPOSED THAT

WHO ARE DISTRICT COURT'S DISCRETION TO PERMIT PERSONS TO ADDRESS IT NEITHER LEGALLY

BE WOULD QUALIFIED NOR PARTIES TO THE PROCEEDINGS FAVOURABLY EXERCISED IN APPROPRIATE CASES.

THE

"MOREOVER, THE USE OF CHINESE LANGUAGE IN THE COURT WILL ALSO BE ALLOWED. TO MAKE LITIGANTS LESS WORRIED THAT THEY MIGHT HAVE OTHER SIDE'S LARGE BILL OF COSTS TO PAY IF THEY

CONSIDERATION LOSE,

FOR COSTS COULD BE GIVEN TO MAKING THE COURT'S POWER TO MAKE ORDERS EXERCISABLE ONLY IN EXCEPTIONAL CIRCUMSTANCES.

AND OUT.

"TAKEN TOGETHER, THE ABOVE MEASURES WILL PROVIDE AN ACCESSIBLE AVENUE OF REDRESS FOR THE AGGRIEVED,

EFFICIENT MR SUEN POINTED

BILL PROVIDED ON PROVISIONS FOR EXEMPTIONS, MR SUEN SAID THE EXCEPTIONS TO ALLOW FOR SITUATIONS WHERE BEING A PARTICULAR SEX WAS GENUINE OCCUPATIONAL QUALIFICATION.

A

IN

THE

AND

TO BE

"SUCH SITUATION WILL ARISE FROM THE NATURE OF THE JOB (E.G.

PRIVACY, THEATRICAL PERFORMANCES), CONSIDERATIONS OF DECENCY OR CHARACTER OF THE ESTABLISHMENT AT WHICH THE DUTIES ARE PERFORMED THE NEED FOR WELFARE, EDUCATIONAL OR OTHER PERSONAL SERVICES PROVIDED BY A PERSON OF A PARTICULAR SEX.

"WITH REGARD TO DISCRIMINATION ON THE GROUND OF MARITAL STATUS, IT WILL NOT BE UNLAWFUL FOR AN EMPLOYER TO PROVIDE DIFFERENT LEVELS OF MARITAL SPECIFIED BENEFITS OR ALLOWANCES FOR EMPLOYEES WITH DIFFERENT STATUS. THIS WOULD ALLOW, FOR EXAMPLE, AN EMPLOYER HIGHER LEVEL OF HOUSING ALLOWANCE TO EMPLOYEES WHO ARE MARRIED," SUEN EXPLAINED.

TO PROVIDE A

MR

/"TO PROVIDE