XN000022-1996-10-18 — Page 9

7.

Mr Wong said the relatively low response to the consultation exercise suggested that age discrimination in employment was not an issue of pressing concern to the community.

"We have taken into account the outcome of the consultation exercise. We recognise that there are arguments for legislation," Mr Wong said.

He noted that those who supported the legislative option said it might change attitudes towards employing older persons by providing legal sanctions against discrimination and that it might send a clear signal to the whole community that the Government was committed to dealing with this issue.

"While the majority of the views expressed preferred the legislative approach, we also recognise that there was a substantial body of opinion in favour of the option of public education and self-regulation to tackle the problem."

He cited the following cogent reasons as to why it would be inappropriate to introduce such legislation, at least at this stage.

Discrimination on the ground of age does not appear to be considered internationally as one of the most serious human rights issues. For example, it is not one of the common forbidden grounds in international instruments.

A significant number of countries e.g. European Community countries, Japan, Republic of Korea, Singapore, do not have age discrimination legislation. Even in those

those countries which the government representatives visited, where such legislation exists, it is not regarded as a substitute for public education. While legislation may prevent or do away with the more blatant forms of age discrimination in employment, it will not create or guarantee jobs.

There is a real risk that age discrimination legislation could lead to over- regulation and unnecessary litigation. It could also hinder the free play of market forces, impose artificial rigidity on employers' operations, and add to the cost of doing business. Overseas experience suggests that these legal and economic factors would not act in the best interests of employees.