XN000022-1995-05-03 — Page 42

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Disability Discrimination Bill

Following is the speech by the Secretary for Health and Welfare, Mrs Katherine Fok, in moving the second reading of the Disability Discrimination Bill in the Legislative Council today (Wednesday):

Mr President,

I move that the Disability Discrimination Bill be read a second time.

With the introduction of this Bill, we are taking a major step forward in achieving our goal of integrating people with a disability into our community. It will require everyone to give them an equal opportunity - a fair chance to participate fully in the community and it will provide them with the legal means to obtain redress against discrimination, harassment and vilification. It gives the same protection and support to their families and carers as well.

The areas of life in which discrimination and harassment will be unlawful include employment; education; transport; access to buildings and services; and participation in partnerships, professional organisations, clubs and sports. In short, the Bill is comprehensive in its scope. This is important if integration is to be a reality. But, equally important, the Bill is balanced in its approach. It gives people with a disability a means of redress, while ensuring that the interests of the community as a whole are also taken into account.

In future, it will be unlawful to treat a person with a disability less favourably than others because of their disability, in circumstances that are materially the same. But, on the other hand, employers will not have to hire a certain quota of people with a disability. Building owners will not have to change existing buildings - unless they plan to carry out major additions or alterations: Transport operators will not have to make existing buses, ferries or trams more accessible. This is because the Bill provides for two key exemptions: "unjustifiable hardship" and "genuine occupational qualification" which covers "inherent requirements of the job".

The first means that building owners or transport operators, for example, could defeat a claim of discrimination by proving that it would cause them" unjustifiable hardship" to make special arrangements to meet the needs of a person with a disability.

The second means, for example, that where a person could not meet the requirements of a particular job because of his or her disability, the employer would not be breaking the law in deciding not to hire him or her.