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As to the question on why there is no provision in the Bill of Rights Ordinance (BORO) to protect Hong Kong people from racial discrimination, Mr Wong said the decision to exclude inter-citizen rights from the BORO was based on concerns expressed by the community before its enactment about the legal uncertainty that might be created by applying the BORO to the private sector.
"The Hong Kong Government believes that, where appropriate, it is more effective to protect inter-citizen rights by specific legislation in areas where the need for a remedy for the infringement of inter-citizen rights is most commonly felt.
"We have already taken concrete steps in this direction, such as the enactment of legislation against sex and disability discrimination and protection of individual privacy in respect of personal data," he said.
Responding to concern expressed by a member, Professor Theodoor van Boven, about the Equal Opportunities (Race) Bill sponsored by Legislative Councillor, Mrs Elizabeth Wong, Mr Wong said a consultation paper had been issued to gauge public views on racial discrimination.
"We are currently seeking the public's view on the possible way forward and we believe measures that are eventually adopted must have public support.
"We are grateful to the Committee which supported this approach in its concluding observations on the 13th report last year. We will seek to persuade Legislative Councillors in Hong Kong to take these considerations into account and await the outcome of the consultation," he added.
Meanwhile, the Committee commended the report as a model for others, particularly in respect of follow-up reports. The responding point-by-point to each of the Committee's questions was an exemplary contribution to the ongoing dialogue between the Committee and the State Party.
Committee members also thanked the delegation for the openness and thoroughness in their replies and a constructive dialogue during the hearing.
The Committee is expected to release its concluding observations in a few weeks' time.
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