ENG-2009 — Page 79

The Legal System 1 35

Protection is also provided in the Sex Discrimination Ordinance, the Disability. Discrimination Ordinance, the Family Status Discrimination Ordinance and the Race Discrimination Ordinance which are enforced by the Equal Opportunities Commission. The Personal Data (Privacy) Ordinance administered by the Privacy Commissioner for Personal Data protects the right to privacy with respect to personal data.

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United Nations Human Rights Treaties and Reporting

Fifteen international human rights treaties are applicable to Hong Kong. Seven of these (the ICCPR, the ICESCR, the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the Convention on the Rights of the Child (CRC), the Convention on the Elimination of All Forms of Discrimination Against Women, and the United Nations Convention on the Rights of Persons with Disabilities) require states parties to submit periodic reports to the United Nations (UN) treaty monitoring bodies plus other information requested by them. The HKSAR normally submits these reports as part of corresponding reports submitted by China, with the exception of the ICCPR which China has not yet ratified.

The UN Human Rights Council conducts a Universal Periodic Review (UPR) of human rights in all UN member states. The HKSAR's report is submitted as part of China's report for the review.

With the exception of the ICCPR, the HKSAR teams attend hearings of relevant treaty bodies as part of the Chinese delegation. In the case of the ICCPR, the HKSAR attends hearings under the leadership of the Chinese Permanent Representative and Ambassador to the UN.

As part of the Chinese delegation, the HKSAR team attended hearings on two reports, one submitted under the UN Human Rights Council UPR mechanism, and the other under the ICERD. The hearings took place in February and August 2009, respectively. The Government also prepared Hong Kong's report under the CRC which would be incorporated in China's report.

Promotion of Racial Equality and Harmony

The Race Discrimination Ordinance and administrative guidelines

The Race Discrimination Ordinance, which protects the rights of individuals against discrimination, harassment and vilification on racial grounds, was enacted in 2008 and came into full operation in July 2009. In addition, the Government drew up administrative guidelines to help relevant bureaux and departments promote racial equality in their formulation of policies and measures.

The Committee on the Promotion of Racial Harmony

The Committee was established in 2002. It advises the Government on the promotion of racial harmony and equality, including the provision of support services to ethnic minorities, and on proposals for race related public education and publicity.