XN000022-1996-10-30 — Page 36

Reply:

b)

c)

Mr President,

19.

-

what mechanism does the Government have to ensure that the Commission will not abuse its investigative power and to prevent the Commission from having excessive power; and

whether the Hong Kong Bill of Rights Ordinance accords protection to people who are suspected of violating the provisions of the Sex Discrimination Ordinance and Disability Discrimination Ordinance, so as to prevent them from being subjected to unnecessary disturbance whilst they are under investigation by the Commission?

Under the Sex Discrimination Ordinance or the Disability Discrimination Ordinance, even when no complaints have been received, the Equal Opportunities Commission is empowered to initiate a formal investigation as it thinks fit. These investigations come under two categories, namely unlawful acts which the Commission believes have been or are being committed generally, or those committed by persons whose identity shall be specified. The Commission is also empowered to conduct such investigations as required by the Chief Secretary.

In empowering the Commission to conduct formal investigations, the Sex and Disability Discrimination Ordinances also set out a number of statutory requirements which the Commission has to observe in order to ensure that it exercises its power of investigation in a proper and reasonable manner.

Before the Commission may embark on a formal investigation, it has to draw up terms of reference to set out clearly the parameters or the scope of the investigation it proposes to undertake. The Commission is also required to give general notice of the investigation or, when it will involve a named person whom the Commission believes has committed an unlawful act, inform the person concerned of the Commission's belief and offer that person an opportunity of making oral or written representations. This is to allow the Commission to consider the need to continue with the formal investigation having regard to the representations made.

In the course of its formal investigation, the Commission must carry it out in the manner as prescribed in the rules made under the Sex or Disability Discrimination Ordinance.