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Delegation to the United Nations Committee on the Elimination of All Forms of Racial Discrimination (CERD) on the Race Discrimination Bill of the Hong Kong SAR Geneva, 3 March 2008
Report A briefing on the Race Discrimination Bill of the Hong Kong SAR (“the bill”) was given by a delegation of 9 persons organized by the Hong Kong Human Rights Monitor for the members of the United Nations Committee on the Elimination of All Forms of Racial Discrimination “the Committee” on 3 March 2008 in Geneva. For a list of the members of the delegation, see Annex 1. For a list of members of the Committee, see Annex 2. A briefing session was held at 1:45 p.m. to 2:45 p.m. and was attended by 13 out of the 18 members of the Committee. Another member met us in an informal meeting after the briefing. A special group has been formed to study the bill and the submissions presented by the delegation. The unprecedented turnout and the formation of the special group signified the concern and attention of CERD on the bill. Written submissions sent to the Committee beforehand included my submission, the joint submission of the delegation (excluding the Bar) and the two submissions of the Hong Kong Bar Association. The overall concern expressed by the delegation was that the bill falls short of the requirement of the International Convention on the Elimination of All forms of Racial Discrimination (ICERD), falls short even of the pervasive standard of existing Hong Kong discrimination legislation, fails to bind the Government in the exercise of its functions and powers, adopts too narrow a definition of direct and indirect discrimination, excludes new mainland arrival as a distinctive ethnic group, and builds in large exemptions and immunities which will result in entrenching present discriminatory policies and practices of the Government. In addition, individual members made the following submissions:- Law Yuk Kai referred to the letter of the Committee to the Permanent Representative of the PRC Government last August and the overall dissatisfactory state of the bill. Margaret Ng informed members of the Committee on the progress of the scrutiny of the bill and the concern of the bills committee, and explained the legislative arrangements and timetable and of the HKSAR which make it imperative that the SAR Government makes major amendments to the bill to bring it to the requisite standard as a matter of urgency, failing which LegCo will be forced either to enact a defective legislation or to allow the bill to fall through. Rimsky Yuen SC explained why the Bill of Rights Ordinance does not offer effective remedy against racial discrimination in Government actions and practices, presented the major areas of concern in the bill, and invited CERD to take appropriate action including: (1) give an overall assessment of the bill’s compliance with ICERD, and (2) make recommendation on how the bill should be amended. Kelley Loper highlighted the adverse educational impact of the bill by reason of its lower standard and narrower scope relative to other discrimination legislation, and the effect of the large exemptions provided in the bill to entrench existing discriminatory government practices. Fermi Wong informed the Committee members of the actual discrimination faced by minorities in Hong Kong in the area of medical services, job seeking and education, and the fact that Government hospitals and job centres are already using the language exemption under the bill as sanction for their present discriminatory practices. Patrick Yu addressed the legal aspects of the bill in some detail and related them to European jurisprudence on discrimination legislation. Devi Novianti described the discriminatory and humiliating treatment minorities have to accept in order to give their children a chance in education, giving her own experience as illustration. Members of the Committee appeared to have already taken the problems regarding Clauses 3 and 4 of the bill on board, and asked pertinent questions on a range of matters particularly on LegCo’s timing and procedures for moving amendments and voting, the overall situation of minorities in Hong Kong, the use of Chinese and English and availability of schools using English as medium of instruction assessable to non-Chinese speaking minorities at assessable fees and charges. They emphasized to the delegation the importance of the use of languages, and a broad rather than narrow understanding of “race” within the meaning of ICERD. In general, members of the Committee shown great interest, understanding and sympathy, and informed the delegation they will deliberate on the matter. The delegation expressed their thanks for the opportunity to address members of the Committee. The delegation also discussed with members of the Committee possible action to be taken under the “early warning” and “urgent action” procedure of CERD. Emphasis was laid on the importance for Hong Kong to enact a bill which sets down the right standard for racial equality as a first step towards the elimination of all forms of racial discrimination. Press releases in Hong Kong and press clippings and included in Annex 3. Dated the 6th day of March 2008
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