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Following is a question by the Hon Chan Chi-chuen and a reply by the Secretary for Education, Mr Eddie Ng Hak-kim, in the Legislative Council today (June 25):
Question:
It has been reported that the International Christian School (ICS) requests its teaching staff and job applicants to sign a declaration entitled "Standards of Biblical Ethics and Integrity" to undertake that they will make themselves role models by not engaging in any form of homosexual behaviour, etc., and contravention of which may lead to dismissal. I have received complaints that such a practice of ICS has allegedly discriminated against people of different sexual orientations and alternate gender identity. The Education Bureau (EDB) indicated in February this year that it had reminded ICS that in formulating and reviewing its policies, reference should be made to the EDB Circular No. 33/2003 "The Principle of Equal Opportunities" and the "Code of Practice against Discrimination in Employment on the Ground of Sexual Orientation" compiled by the Government. According to some media reports in early March this year, the Administration and Recruitment Co-ordinator of ICS indicated, in response to media enquiries, that the school had the right to uphold its beliefs, which included not allowing homosexuals or people of alternate gender identity to be their teaching staff. In this connection, will the Government inform this Council:
(1) whether EDB has found out if ICS, after being reminded by EDB, has contravened the aforesaid circular and Code of Practice; if it has found that ICS has contravened them, of the follow-up actions to ensure that the employees of the school who are sexual minorities (if any) are being treated fairly; and
(2) given that at present, quite a number of schools in Hong Kong are run by school sponsoring bodies with a religious background (e.g. Christian and Catholic bodies), whether such schools can dismiss or refuse to employ teaching staff of different sexual orientations and alternate gender identity on the ground that they run the schools in accordance with their religious beliefs?
Reply:
President,
(1) The Education Bureau (EDB) has all along attached great importance to the creation of a harmonious school culture under which all are equal, and does not tolerate discrimination of any kind in schools. Through circulars, guidelines on school administration and daily communication with schools, the EDB reminds schools to observe the principle of equal opportunities and to avoid any form of discrimination apart from compliance with all the anti-discrimination ordinances when formulating and reviewing their school policies. Moreover, we have invited the Equal Opportunities Commission (EOC) and the Constitutional and Mainland Affairs Bureau to deliver thematic talks to various school stakeholders including school managers, principals and teachers. In these talks, relevant legislation and codes of practices, including the Sex Discrimination Ordinance, Disability Discrimination Ordinance, Family Status Discrimination Ordinance, Race Discrimination Ordinance and the Code of Practice against Discrimination in Employment on the Ground of Sexual Orientation are introduced.
Regarding the case mentioned in the question, the EDB has reminded the school that in formulating and reviewing its policies, reference should be made to the EDB Circular on the Principle of Equal Opportunities and the Code of Practice against Discrimination in Employment on the Ground of Sexual Orientation. The school has promised to evaluate the relevant policies and measures and is consulting the stakeholders. The EDB will render appropriate support to the school when necessary.
The existing four anti-discrimination ordinances deal with discrimination on the grounds of sex, disability, family status and race. Schools have to comply with the provisions in these ordinances. The Code of Practice against Discrimination in Employment on the Ground of Sexual Orientation seeks to eliminate discriminatory practices in employment and promote equal employment opportunities among all persons, irrespective of their sexual orientation. It is up to the school concerned to decide if it wishes to adopt the Code on a voluntary basis. The issue raised in the question involves competing values and policy objectives. The Administration must allow sufficient time and space for the community to continue the discussion.
(2) The EDB has reminded schools that, to observe impartiality and safeguard interests, they should establish an open, fair, transparent and competitive appointment system as well as set up guidelines and formal procedures governing the appointment of staff. In all cases, schools should ensure that the conditions and terms of appointment are in strict compliance with the anti-discrimination ordinances. Schools are also required to observe the codes of practice on employment in respect of various anti-discrimination ordinances issued by the EOC. Also, the EDB encourages schools to comply with the Code of Practice against Discrimination in Employment on the Ground of Sexual Orientation compiled by the Government.
When terminating the service of staff, schools are required to comply with all the employment-related rules and regulations under the prevailing ordinances and legislation. As for aided schools, they should ensure that the relevant rules and procedures laid down in the Codes of Aid are observed.
Ends/Wednesday, June 25, 2014
Issued at HKT 15:56
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