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Research Projects and Issues > Legislative Archive

Less than a decade ago, the concept of equal opportunities was almost entirely absent from Hong Kong's statute books. Discriminatory laws and policies were common and accepted as the norm. Virtually every newspaper contained sex specific job advertisements. However, the Government refused to propose any legislation to prohibit discrimination in the private sector.

The situation changed dramatically during the last five years of British rule. The enactment of the Bill of Rights Ordinance and the introduction of limited democracy gave the equality movement additional leverage. Legislators began to criticise the Government's failure to address discrimination, compelling it to issue a "Green Paper" on the issue of sex discrimination.

It was in this climate that legislator Anna Wu embarked upon a project that many people regarded as radical. She drafted two private member's bills: the Equal Opportunities Bill and the Human Rights and Equal Opportunities Commission Bill. The Equal Opportunities Bill sought to prohibit discrimination in a wide range of grounds -- including sex, disability, age, race, and sexuality. Although her bills were not enacted, they garnered significant public support, compelling the Government to abandon its opposition to anti-discrimination legislation and propose its own (albeit narrower) bills.

As a result, Hong Kong now has a small but significant body of anti-discrimination law: the Sex Discrimination Ordinance; the Disability Discrimination Ordinance; and the Family Status Discrimination Ordinance. While the laws that were ultimately enacted were largely drafted by the Government, they were strengthened by amendments proposed by Anna Wu (in 1995) and Christine Loh (in 1997). An Equal Opportunities Commission was also established to promote equality and assist in the enforcement of the new laws.

A legislative archive was prepared as part of the Centre's Equality and Law project. It was made possible by a research grant provided by SPACE, and substantial funding from the Faculty of Law. This archive will help historians, legislators, lawyers and other researchers to understand the origin of Hong Kong's first anti-discrimination laws. The documents (including many internal memoranda from the files of Anna Wu and Christine Loh) also demonstrate the changing role of legislators during the transition period. Traditionally legislators had only reviewed, amended, and voted upon Government bills. However, in the 1990's they began drafting their own private member's bills, often challenging established Government policies. Wu's Equal Opportunities Bill was the first such bill that attempted to create an entire new area of law for Hong Kong. By compelling the Government to abandon its opposition to such legislation, she did precisely that.