Legal protections

Chapter III of the Basic Law prescribes the fundamental rights and freedoms of people in Hong Kong. In particular, Article 39 (which forms part of Chapter III) provides that the provisions of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) as applied to Hong Kong shall remain in force. Additionally, the Hong Kong Bill of Rights Ordinance gives domestic effect to the provisions of the ICCPR as applied to Hong Kong.

Other statutory protections, overseen by the Equal Opportunities Commission, are contained in the Sex Discrimination Ordinance, the Disability Discrimination Ordinance, and the Family Status Discrimination Ordinance. Additionally, the Personal Data (Privacy) Ordinance — administered by the Privacy Commissioner for Personal Data — protects the right to privacy with respect to personal data.

The Race Discrimination Bill

The Bill of Rights prohibits racial discrimination on the part of the Government and public authorities but not the private sector. In 2003, the Government announced its intention to redress the position and, in February 2005, it concluded public consultations on the legislative proposals. It was hoped to introduce the Bill into the Legislative Council in 2005 but the consultations revealed some technically complex issues that delayed finalisation of the Bill. The aim now is to complete the process in 2006-07.