Equality chief will not seek law to protect mainlanders

City’s social atmosphere now more peaceful after reopening of borders, new watchdog head says

Hong Kong’s equality watchdog will not push for legislation on discrimination against mainland Chinese because of “a more harmonious social atmosphere” in the city after the reopening of the borders, its new chairperson has said, while vowing to continue the fight against unfair treatment.

Linda Lam Mei-sau, 61, who began her three-year term as chairperson of the Equal Opportunities Commission yesterday, said she would continue to lead the watchdog’s work of combating discrimination against sexual minorities under the existing legal framework.

“As the social atmosphere has become more peaceful and harmonious in recent years after the reopening of the borders, we think that there is no such urgent need to enact legislation,” she said.

“But this does not mean that we will ignore this issue. We will retain the research we did in the past and our suggestions … so that we can respond more quickly if the problem occurs.”

Lam said the commission would continue its public education efforts to raise awareness of the need for inclusiveness.

As for the fight against sexual harassment, she said the watchdog had already provided legal suggestions on the issue to the government and held discussions with authorities, adding the work was still in progress.

Discriminating against sexual minorities – those who identify as lesbian, gay, bisexual, transgender or intersex – would continue to be tackled with existing laws.

“Our current position is that we will work hard to study the issue of discrimination against sexual minorities and look into individual cases to see if it can be dealt with within the framework of our current four [relevant] ordinances,” she said.

The four anti-discrimination ordinances cover areas of sex, disability, family status and race.

Lam’s predecessor, Ricky Chu Man-kin, previously said some work of his term remained unfinished, including tackling sexual harassment and intra-racial discrimination.

He also said there was no pressing need for legislation on discrimination against mainlanders as the number of related inquiries made to the watchdog had fallen to a very low level compared to the number received during the 2019 social unrest and the coronavirus pandemic that followed.

Some mainlanders and those who spoke Mandarin had complained about being treated unfairly in the city, including being refused service at certain restaurants due to “health concerns” during the pandemic.

Hatred against mainlanders peaked during the 2019 antigovernment protests, when some protesters attacked those who showed support for Beijing.

The commission had earlier said the Race Discrimination Ordinance might not provide enough protection for mainlanders, and asked to expand the scope of the legislation to cover those from over the border.

Under the domestic national security law, which came into effect last month, a person with seditious intention is defined as, among other things, one who aims to cause “hatred or enmity” among residents of Hong Kong and other parts of the country.

The law was required by Article 23 of the Basic Law, the city’s mini-constitution, and sits alongside the Beijing imposed national security legislation.

Chu said other types of discrimination not directly addressed by existing laws, such as that against sexual minorities and types based on age, would be dealt with under the current legal framework.

Lam worked at the Department of Justice for 29 years and was the law officer in international law before retiring.

She provided legal advice on the implementation of bilateral and multilateral international obligations, trade and investment law, and the management of consular staff and their privileges.

The government conducted an open recruitment exercise for the chair of the commission, with a selection board appointed to make recommendations for the chief executive’s consideration.

We will work hard to study the issue of discrimination against sexual minorities LINDA LAM, EOC CHAIRPERSON