XN000022-1995-07-28 — Page 58

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Additional measures are in the pipeline to further promote community acceptance of ex-prisoners.

Protection Against Anti-Union Discrimination

In the context of our review on labour relations, we have noticed the need to enhance protection against anti-union discrimination, and to overcome the technical difficulty of establishing in court the employer's intention to discriminate.

As a result, having consulted the Labour Advisory Board, we recommend an amendment of the Employment Ordinance to give an employee who is dismissed on grounds relating to anti-union discrimination the right to make a claim for compensation to the Labour Tribunal within 6 months after the date of dismissal, and to put the burden of proof that the dismissal is not discriminatory on the employer. We hope to introduce this legislative proposal into the Legislative Council during the next legislative session.

Arguments against the Bill

What I have described above gives a factual account of very substantial work done by the Administration in respect of the different areas covered by the Bill under considération. It demonstrates that the Administration is absolutely in support of equal opportunities. What we oppose to is to precipitate down the route of comprehensive legislation without adequate consultation and preparation, which would make it difficult for the general public to adjust their behaviour.

Some may argue that legislation would at least set a standard in acceptable behaviour, and would have educational value. I do not dispute this but must point out it is incumbent on any responsible Administration to satisfy itself that the benefits of any legislative proposals may provide would not at the same time impose an enormous bill on the community.

I am sure we all support the principle of equal opportunities for all. But passage of a bill without knowing the full impact of its consequences is highly disturbing. Once again, I urge Members to support the Government's measured and considered approach in introducing anti-discrimination legislation, and vote against the Bill.

End/Friday, July 28, 1995