Effect of passing the Race Discrimination Bill on employment

The Race Discrimination Bill, to be tabled to lawmakers on 13 December 2006, has shown the Government's commitment in promoting racial harmony and safeguarding people's rights.
 
The bill aims to make racial discrimination and harassment in prescribed areas and vilification on the grounds of race unlawful, and to prohibit serious vilification on that ground. It also seeks to extend the jurisdiction of the Equal Opportunities Commission to cover racial discrimination.

Employment is one of the six targeted areas which the bill aims to ban racial discrimination and harassment.

There are concerns focusing on expatriate terms. Employers fear that there will be problems for them to recruit expatriates, who have special skills, knowledge or experience not readily available in Hong Kong.

Expatriates are not free to change jobs in Hong Kong if they wish to remain on overseas terms and they cannot apply for permanent resident status in Hong Kong. A differential in the compensation packages between the expatriate and the local doing more or less the same job is inevitable and objectionable, as there is difference in the cost of living.

If someone decides to become a permanent resident in Hong Kong, he or she chooses to become a local out of his or her free choice. Then he or she should not be offered expatriate terms on the ground of his or her race. And a difference between a local local and an expatriate local is, in practice – race. If a person is recruited in Hong Kong, then he or she is not from overseas. However, if he or she returns home, their home first, and then comes back, then he or she may be treated as an expatriate. Existing employees on overseas terms are grandfathered. That is, they will not be affected even if they become, or have become, permanent residents.

Our business-friendly environment is one of the pillars of Hong Kong's status as Asia's world city. To strengthen this status, every segment of society should be ensured to enjoy the dignity of work for a decent wage. Improving the rights and benefits of the workforce could increase productivity and ensure harmonious industrial relations.

(Source: http://www.news.gov.hk – “Race discrimination bill ready soon” February 17, 2006 & ”LegCo to discuss race discrimination bill” November 29, 2006)