XN000022-1995-06-28 — Page 26

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The Exceptions

The Bill provides for a number of exceptions to cover the situation where, for justified reasons, certain policies treat men and women differently. For example, exceptions are provided in respect of the small house policy, the differential treatment of male and female staff in the disciplined services and the provision of different levels of housing benefits for employees of different marital status. International jurisprudence on the meaning of discrimination indicates that differential treatment between similarly placed persons does not amount to discrimination if there is objective and reasonable justification for it. The exceptions stipulated in the Bill are all well justified. For example, it is reasonable for the disciplined services to impose different height, weight and uniform requirements for male and female officers. It has been suggested that these exceptions should either be deleted or be subject to a sunset provision limiting them to a one year term subject to extension by the Legislative Council for a further year. This proposal is not acceptable. The exceptions provided for are well justified and should remain unqualified by any time restriction.

The Equal Opportunities Commission

The Sex Discrimination Bill provides for an Equal Opportunities Commission to be established with the specific tasks of eliminating unlawful sex discrimination and sexual harassment, and promoting equality of opportunity between women and men. Hostile amendments will be moved during the Committee Stage that would expand the powers of the Commission. For example, there is a proposal to empower the Commission to carry out an investigation relating to a named person without any ground or belief that the person concerned has performed an unlawful act. This would be most unfair to the person concerned as he or she would be publicly named as the subject of an investigation before the Commission can say that there was evidence of any unlawful activity. While we share the view that the Equal Opportunities Commission should have adequate and effective powers to enforce the Bill's provisions, we, however firmly believe that the Bill already provides for this.

Mr President, the promotion of gender equality in Hong Kong has come a long way from the publication of the Green Paper on Equal Opportunities for Women and Men in 1993 to today's resumption of the second reading of the Sex Discrimination Bill. We have advanced from public consultation to concrete legislative measures. We have made considerable progress in the past 22 months. But there remains much more to be done. Ahead of us is the important task of establishing the Equal Opportunities Commission and educating the public about the rights and obligations provided for in the sex discrimination legislation.