Women in Hong Kong

Women in Hong KongWomen in Hong Kong

Reading:Reading:– Cheung, Fanny M. and Chung, Priscilla, The Equal Cheung, Fanny M. and Chung, Priscilla, The Equal

Opportunities Commission and the Women’s Opportunities Commission and the Women’s Commission: Central Mechanisms for Advancing Commission: Central Mechanisms for Advancing Women’s Status Occasional Paper # 168 March 2006, Women’s Status Occasional Paper # 168 March 2006, Hong Kong Institute of Asia-Pacific Studies, The Hong Kong Institute of Asia-Pacific Studies, The Chinese University of Hong Kong.Chinese University of Hong Kong.

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Women in Hong KongWomen in Hong Kong

IntroductionIntroduction Empowerment of WomenEmpowerment of Women

– Social EmpowermentSocial Empowerment– Legislative EmpowermentLegislative Empowerment– Educational EmpowermentEducational Empowerment– Economic EmpowermentEconomic Empowerment– Political EmpowermentPolitical Empowerment

Equal Opportunities for WomenEqual Opportunities for Women

Women in Hong Kong (2)Women in Hong Kong (2)

United Nations and Hong KongUnited Nations and Hong Kong– HK Government Report, 1998HK Government Report, 1998

NGO ReportsNGO Reports UN ConcernsUN Concerns

– HK Government Report, 2004HK Government Report, 2004 NGO ReportsNGO Reports UN ConcernsUN Concerns

Women’s Political Participation since CEDAWWomen’s Political Participation since CEDAW Necessary for Women to Gain EqualityNecessary for Women to Gain Equality ReferenceReference

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IntroductionIntroduction

In Chinese, there is only one term for Sex and In Chinese, there is only one term for Sex and Gender : Gender : 性別性別

In ordinary life we differentiate between ‘sex’ In ordinary life we differentiate between ‘sex’ and ‘gender’.and ‘gender’.– Sex:Sex:

Sex is biological.Sex is biological. It is what we are born as – male or female.It is what we are born as – male or female. We are born with the hormones and the We are born with the hormones and the

reproductive functions of that specific sex.reproductive functions of that specific sex. It identifies the biological differences It identifies the biological differences

between male and female.between male and female. It is relatively fixed.It is relatively fixed.

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Introduction (2)Introduction (2)

– What is Gender?What is Gender? While you are born with ‘sex’ society shapes While you are born with ‘sex’ society shapes

‘gender’.‘gender’. Society identifies what a certain Gender – male or Society identifies what a certain Gender – male or

female is supposed to be and ought to do.female is supposed to be and ought to do. Gender is social and cultural and is flexible. Gender is social and cultural and is flexible.

– Therefore, we have Gender Stereotypes. Therefore, we have Gender Stereotypes. – Gender stereotypes limit human potential, Gender stereotypes limit human potential,

reduce individual capacityreduce individual capacity

– What gender stereotypes can you think of ?What gender stereotypes can you think of ?– How do gender stereotypes limit human How do gender stereotypes limit human

potential and reduce individual capacity?potential and reduce individual capacity?

Empowerment of Women: Empowerment of Women: Social EmpowermentSocial Empowerment

The empowerment of women in Hong Kong came The empowerment of women in Hong Kong came through a combination of social action and through a combination of social action and legislation.legislation.

Social Action:Social Action:– Establishment of Non-Governmental Groups Establishment of Non-Governmental Groups

(NGOs), such as:(NGOs), such as: Hong Kong Council of Women (1947) and other Hong Kong Council of Women (1947) and other

Women Concern Groups. Women Concern Groups. Family Planning Association (1950).Family Planning Association (1950). Association for the Advancement of Feminism Association for the Advancement of Feminism

(1984)(1984) (76 groups registered in early 2000s).(76 groups registered in early 2000s).

Empowerment of Women: Empowerment of Women: Legislative EmpowermentLegislative Empowerment

Females detained under a woman’s care: Juvenile Females detained under a woman’s care: Juvenile Offenders Ordinance (1933).Offenders Ordinance (1933).

Care of pregnant prisoners & facilities for children: Care of pregnant prisoners & facilities for children: Prisons Ordinance (1954).Prisons Ordinance (1954).

Monogamous Marriages and Right to Inheritance: Monogamous Marriages and Right to Inheritance: Marriage Reform Ordinance (1970). Marriage Reform Ordinance (1970).

Sons and daughters have equal rights of inheritance: Sons and daughters have equal rights of inheritance: Intestates Estates Ordinance (1971).Intestates Estates Ordinance (1971).

Woman can hold property, sue & be sued: Married Woman can hold property, sue & be sued: Married Persons Status Ordinance (1971): Persons Status Ordinance (1971):

Both parties can petition for divorce: Matrimonial Both parties can petition for divorce: Matrimonial Causes Ordinance (1972). Causes Ordinance (1972).

Restraining orders against abusive spouses: Domestic Restraining orders against abusive spouses: Domestic Violence Ordinance (1986).Violence Ordinance (1986).

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Empowerment of Women: Empowerment of Women: Educational EmpowermentEducational Empowerment

6 Years of free compulsory primary education beginning 6 Years of free compulsory primary education beginning in 1971.in 1971.

– Enabled girls to begin schooling.Enabled girls to begin schooling.

– Lowered female illiteracy.Lowered female illiteracy. 3 years of free compulsory secondary education (1978) –3 years of free compulsory secondary education (1978) –

secondary 3 (Form III).secondary 3 (Form III). Additional 3 years of free compulsory secondary Additional 3 years of free compulsory secondary

Education beginning 2008 – first graduation class in 2012 Education beginning 2008 – first graduation class in 2012 (commence 4 year university education).(commence 4 year university education).

Empowerment of Women: Empowerment of Women: Economic EmpowermentEconomic Empowerment

Government amended its own policy entitling Government amended its own policy entitling women to equal pay in civil service (1981). women to equal pay in civil service (1981).

10 weeks of maternity leave with 2/3 pay: 10 weeks of maternity leave with 2/3 pay: Employment (Amendment) Ordinance (1981).Employment (Amendment) Ordinance (1981).

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Empowerment of Women: Empowerment of Women: Political EmpowermentPolitical Empowerment

Mrs. Joyce Symons appointed to Legislature Mrs. Joyce Symons appointed to Legislature (1972) and to Executive Council (ExCo) (1976)(1972) and to Executive Council (ExCo) (1976)

Five women elected to District Boards (1982).Five women elected to District Boards (1982). Mrs. Anson Chan named Secretary of Economic Mrs. Anson Chan named Secretary of Economic

Services (1987).Services (1987). Mrs. Helen Ho appointed District Court judge Mrs. Helen Ho appointed District Court judge

(1986).(1986). Six women elected to the Legislature (LegCo) Six women elected to the Legislature (LegCo)

(1991).(1991). Mrs. Anson Chan named Chief Secretary (1993).Mrs. Anson Chan named Chief Secretary (1993).

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Equal Opportunities for WomenEqual Opportunities for Women

Social Action cannot be successful without legislation.Social Action cannot be successful without legislation.– New Territories womenNew Territories women’’s groups met with OMELCO s groups met with OMELCO

(present day LegCo) to urge government to set up a (present day LegCo) to urge government to set up a central committee to look after womencentral committee to look after women’’s issues (1989).s issues (1989).

– Coalition of women’s groups pressed for a working Coalition of women’s groups pressed for a working party to develop policies for women (1991).party to develop policies for women (1991). Government concluded there was no discrimination Government concluded there was no discrimination

against women in HK (1991)against women in HK (1991)– LegCo set up an Ad Hoc group to study the need for a LegCo set up an Ad Hoc group to study the need for a

WomenWomen’’s Commission in HK (chaired by Emily Lau).s Commission in HK (chaired by Emily Lau). Ad hoc group in LegCo recommended establishment Ad hoc group in LegCo recommended establishment

of Women’s Commission (1991) similar to that in of Women’s Commission (1991) similar to that in other nations.other nations.

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Equal Opportunities for Women (2)Equal Opportunities for Women (2) LegCo moved to extend the Convention for the LegCo moved to extend the Convention for the

Elimination of All Discrimination Against Women Elimination of All Discrimination Against Women (CEDAW) to Hong Kong (1992).(CEDAW) to Hong Kong (1992).

Equal Opportunities bill was proposed by Anna Equal Opportunities bill was proposed by Anna Wu Hung-yuk in LegCo prohibiting all forms of Wu Hung-yuk in LegCo prohibiting all forms of discrimination (1993).discrimination (1993).

– The bill was voted down.The bill was voted down. 14 women14 women’’s and community groups campaigned s and community groups campaigned

for the establishment of a womenfor the establishment of a women’’s commission s commission by the government with a rally on March 8 led by the government with a rally on March 8 led by Fanny Cheung.by Fanny Cheung.

Government denied problems of sex Government denied problems of sex discrimination (1993) in its Green paper on discrimination (1993) in its Green paper on equal opportunities. equal opportunities.

Equal Opportunities for Women (3) Equal Opportunities for Women (3)

To prepare for the return of Hong Kong to China To prepare for the return of Hong Kong to China and to comply with the obligations of China to and to comply with the obligations of China to the United Nations under CEDAW, the Hong the United Nations under CEDAW, the Hong Kong Government proposed and the Legislature Kong Government proposed and the Legislature passed the following bills to prohibit passed the following bills to prohibit discrimination.discrimination.– Sex Discrimination Ordinance (SDO) in 1995.Sex Discrimination Ordinance (SDO) in 1995.– The enactment of the Family Status The enactment of the Family Status

Discrimination Ordinance (FSDO).Discrimination Ordinance (FSDO).– The establishment of the Equal Opportunities The establishment of the Equal Opportunities

Commission (EOC) under the SDO.Commission (EOC) under the SDO.

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Equal Opportunities for Women (4) Equal Opportunities for Women (4)

Sex Discrimination Ordinance (SDO) in 1995.Sex Discrimination Ordinance (SDO) in 1995.– Prohibits discrimination on the basis of sex, marital status, Prohibits discrimination on the basis of sex, marital status,

pregnancy in work, accommodation, education, the pregnancy in work, accommodation, education, the provision of goods, facilities and services, the activities of provision of goods, facilities and services, the activities of clubs and the administration of Commonwealth laws and clubs and the administration of Commonwealth laws and programs. It also prohibits sexual harassment in areas of programs. It also prohibits sexual harassment in areas of public activity. public activity.

Family Status Discrimination (FSDO):Family Status Discrimination (FSDO):– Prohibits discrimination involving employment, treatment Prohibits discrimination involving employment, treatment

or dismissal of employees with family. Responsibilities.or dismissal of employees with family. Responsibilities. Equal Opportunities Commission (EOC):Equal Opportunities Commission (EOC):

– Those who feel discriminated against can lodge complaints Those who feel discriminated against can lodge complaints with the EOC who is then obligated to investigate into the with the EOC who is then obligated to investigate into the complaint and if discrimination might have occurred to try complaint and if discrimination might have occurred to try and conciliate with the parties.and conciliate with the parties.

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Equal Opportunities for Women (5) Equal Opportunities for Women (5) Discrimination is only unlawful if the condition is included Discrimination is only unlawful if the condition is included

under the law. If there is an exception or if it is not under the law. If there is an exception or if it is not mentioned, then the act is not unlawful.mentioned, then the act is not unlawful.

What is sex discrimination under the law?What is sex discrimination under the law?– Direct discrimination:Direct discrimination:

A person is treated less favorably on the ground of A person is treated less favorably on the ground of gender than another person under the same gender than another person under the same circumstances.circumstances.

– Example: women may not be engineers or men may not be Example: women may not be engineers or men may not be hairdressers.hairdressers.

– Indirect discrimination:Indirect discrimination: When a When a unjustifiableunjustifiable condition is applied equally to condition is applied equally to

both men and women but the percentage of one both men and women but the percentage of one gender that can meet this condition is smaller.gender that can meet this condition is smaller.

– Example: Only people who can work full time may apply.Example: Only people who can work full time may apply.

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Equal Opportunities for Women (6) Equal Opportunities for Women (6) Complaints under the SDOComplaints under the SDO

Total

Sexual Harassment 18 26% 54 46% 66 31% 93 29% 23 32% 254

Pregnancy Discrimination 13 18% 28 24% 64 30% 130 40% 21 30% 256

Sex Discrimination 31 44% 18 15% 65 31% 65 19% 12 17% 191

Marital Status Discrimination 4 6% 7 6% 14 7% 14 4% 2 3% 41

Victimization 4 6% 11 9% 4 1% 21 7% 13 18% 53

70 100% 118 100% 213 100% 323 100% 71 100% 795

Jan-Mar 01Sep 96-Dec 97 Jan-Dec 98 Jan-Dec 99 Jan-Dec 00

United Nations and Hong KongUnited Nations and Hong KongHong Kong Government Report, 1998Hong Kong Government Report, 1998

CEDAW was extended to Hong Kong on July 1 1997.CEDAW was extended to Hong Kong on July 1 1997. Hong Kong submitted its first report in 1998 as part of Hong Kong submitted its first report in 1998 as part of

China’s Combined Third and Fourth Report (Appendix 2). China’s Combined Third and Fourth Report (Appendix 2). – It was considered by the Committee in February 1999.It was considered by the Committee in February 1999.– It reported on:It reported on:

The enactment of the Sex Discrimination Ordinance The enactment of the Sex Discrimination Ordinance (SDO).(SDO).

The enactment of the Family Status Discrimination The enactment of the Family Status Discrimination Ordinance (FSDO).Ordinance (FSDO).

The establishment of the Equal Opportunities The establishment of the Equal Opportunities Commission (EOC) under the SDO.Commission (EOC) under the SDO.

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NGO ReportsNGO Reports

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Many non-governmental organizations (NGOs) also Many non-governmental organizations (NGOs) also sent in Shadow Reports.sent in Shadow Reports.

The reports expressed dissatisfaction:The reports expressed dissatisfaction:– That the Government did not consult with the That the Government did not consult with the

NGOs before submitting the Report.NGOs before submitting the Report.– At the low level of women (18%) being appointed At the low level of women (18%) being appointed

to the Government’s advisory committees.to the Government’s advisory committees. They wrote of the urgent need for the establishment They wrote of the urgent need for the establishment

of a Women’s Commission, within the Government, of a Women’s Commission, within the Government, to develop policy, administer funding, and to develop policy, administer funding, and coordinate government services to implement coordinate government services to implement CEDAW.CEDAW.


NGO Reports (2)NGO Reports (2) The NGOs asked that the Women’s Commission be The NGOs asked that the Women’s Commission be

a central mechanism, within the Government, a central mechanism, within the Government, reporting directly to the Chief Executive or to the reporting directly to the Chief Executive or to the Chief Secretary for Administration. Chief Secretary for Administration.

They said that the Commission should:They said that the Commission should:– Implement and monitor Hong Kong’s Implement and monitor Hong Kong’s

obligations under CEDAW by promoting gender obligations under CEDAW by promoting gender equality, and the full participation of women in equality, and the full participation of women in the economic, social, cultural and political life the economic, social, cultural and political life of Hong Kong.of Hong Kong.

– Involve and support actions by women’s Involve and support actions by women’s organizations and other partners seeking to organizations and other partners seeking to advance equality for women by addressing advance equality for women by addressing women’s needs. women’s needs.


NGO Reports (3)NGO Reports (3) Deal with issues in CEDAW; Deal with issues in CEDAW; Formulate policies on women; Formulate policies on women; Advise on the impact of Government of all Advise on the impact of Government of all

Government policies on women.Government policies on women. Direct funding into areas based on these Direct funding into areas based on these

policies; policies; Address women’s problems.Address women’s problems. Compile gender statistics and analyses.Compile gender statistics and analyses. Be a clearing house on training programs Be a clearing house on training programs

for women. for women.


NGO Reports (4)NGO Reports (4) The NGOs had been requesting for the establishment The NGOs had been requesting for the establishment

of such a Commission since 1993. of such a Commission since 1993. – At that time, there were already at least 28 At that time, there were already at least 28

Ministers, 12 Ministries, and over 30 national Ministers, 12 Ministries, and over 30 national government offices addressing the needs of women government offices addressing the needs of women in other countries.in other countries. These offices were separate and distinct from These offices were separate and distinct from

other national commissions that were established other national commissions that were established to promote equal opportunities or human rights. to promote equal opportunities or human rights.

The Committee on CEDAW, after reviewing Hong The Committee on CEDAW, after reviewing Hong Kong’s Report recommended that a Women’s Kong’s Report recommended that a Women’s Commission be established (apart from other Commission be established (apart from other recommendations). recommendations).

United Nations and Hong KongUnited Nations and Hong KongHong Kong Government Report, 2004 Hong Kong Government Report, 2004

In anticipation of having to make another report to In anticipation of having to make another report to the UN, the Government announced the establishment the UN, the Government announced the establishment of a Women's Commission (2000: Commission of a Women's Commission (2000: Commission established in 2001).established in 2001).– Its purpose was to serve as a central mechanism to Its purpose was to serve as a central mechanism to

promote the well-being and interests of women in promote the well-being and interests of women in Hong Kong. Hong Kong.

– It was to play a strategic role in advising It was to play a strategic role in advising Government on policy direction on women issues.Government on policy direction on women issues. But, rather than reporting to the Chief Executive But, rather than reporting to the Chief Executive

or to the Chief Secretary, the Government placed or to the Chief Secretary, the Government placed it in the Health and Welfare Bureau.it in the Health and Welfare Bureau.

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(2)(2) The Government also reported that:

– In the 2000 Legislative Council election, 28 out of 155 candidates (18.1 %) were women. Ten were elected. Another was later returned

in a by-election in 2001, making a total of 11 women (18.3%) of the membership of the 60-member legislature.

– In the Executive Council: In 1981 only 1 female; in 2000 there were 4 out of 19 members (1 5.8%).

– As for Advisory bodies, the Government has asked all its departments to proactively identify women for its 6000 Advisory bodies.

United Nations and Hong KongUnited Nations and Hong KongHong Kong Government Report, Hong Kong Government Report,

20042004NGO ReportsNGO Reports

In the shadow reports, the NGOs said that the Government should:– Elevate the Women’s Commission to a status directly

under the Chief Secretary for Administration, and give it appropriate powers and resources to effectively monitor the Government’s implementation of CEDAW.

– Ensure that the Equal Opportunities Commission (EOC) is more transparent, fair, accountable and independent.

– Publicly announce the work plan and timetable of the new working group on “equal pay for work of equal value”, and its follow-up work with the 2001 Government-funded study on the issue.


20042004NGO Reports (2)NGO Reports (2)

– Legislate a universal minimum wage to ensure a decent living for low-income workers, and to narrow the wage differences between female and male workers.

– Set up a high-level centralized body, with gender sensitivity, to coordinate and supervise all issues relating to violence against women (VAW) and the service provisions for the victims.

– Enact legislation to prohibit discrimination on the basis of age as recommended by the CEDAW Committee.


20042004NGO Reports (3)NGO Reports (3)

– Review and revise the Comprehensive Social Security Assistance (CSSA) system – welfare payment system -- with a gender-sensitive perspective.

– Abolish the two-week rule for Foreign Domestic Helpers and bring the minimum allowable wage at least back to US$470.5.

– Review law enforcement procedures by police, immigration department and courts; promise to guarantee that all formal procedures are properly followed and equal rights of sex workers are protected.

– Cancel the seven years’ residency requirement, which is a violation of equal rights to social security of the new arrival women.


UN ConcernsUN Concerns The CEDAW Committee identified the following concerns:The CEDAW Committee identified the following concerns:

– Low prosecution rate of domestic violence.Low prosecution rate of domestic violence.– Small House Policy under which only indigenous men, Small House Policy under which only indigenous men,

but not indigenous women, are entitled to apply for a but not indigenous women, are entitled to apply for a permit to build a residence in the New Territories.permit to build a residence in the New Territories.

– Low level of political representation of women – only Low level of political representation of women – only 25% in advisory bodies; 3 women to 27 men in the 25% in advisory bodies; 3 women to 27 men in the Functional Constituencies.Functional Constituencies.

– Female foreign domestic workers who may be subject Female foreign domestic workers who may be subject to double discrimination on the basis of their sex and to double discrimination on the basis of their sex and ethnic background – the “Two -Week Rule”, requiring ethnic background – the “Two -Week Rule”, requiring them to leave Hong Kong within two weeks on the them to leave Hong Kong within two weeks on the expiration of their employment contract or premature expiration of their employment contract or premature termination.termination.

Political Participation of women since Political Participation of women since CEDAWCEDAW

1998:1998:– 18% of membership of advisory committees and 18% of membership of advisory committees and

statutory bodies.statutory bodies. 2007: Government tries to maintain 25% (minimum

representation of either gender) – in 2006, nearly half of the advisory committees had succeeded in doing so.– 13.7% of District Boards. 13.7% of District Boards.

17.9% in 2003– 28.6% of Legislative Council.28.6% of Legislative Council.– 2007: women held 11 of 60 seats in LegCo 2007: women held 11 of 60 seats in LegCo

(18.3%)(18.3%)

Political Participation of women since Political Participation of women since CEDAW (2)CEDAW (2)

In 1998:In 1998:– 20% of district court judges.20% of district court judges.

2007: District Court (35.7%) were women– 11% of high court judges; 11% of high court judges; – High Court (19.4%) were women– All four judges of the Court of Final Appeals

remain male.

Political Participation of women since Political Participation of women since CEDAW (3)CEDAW (3)

1998:1998:– 25% of government bureau heads are female.25% of government bureau heads are female.

2007: Only 3 of 19 principal officers at rank of directors of bureau were women (15.8%)– Of the 35 directorate grade 6 rank and

above/equivalent, 8/35 were women (22.9%)– In post of permanent secretary women had

higher representation (42.1%).– Women held 1/3 of civil service positions.

Many women have entered into civil service probably due to more women in tertiary education.

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Necessary for Necessary for Women to Gain EqualityWomen to Gain Equality

Government’s Political WillGovernment’s Political Will Equal Opportunities CommissionEqual Opportunities Commission

– Eliminate discriminationEliminate discrimination– Promote equal opportunitiesPromote equal opportunities– Administer the lawAdminister the law

WomenWomen’’s Commission: s Commission: – Ensure government & employers abide by the lawEnsure government & employers abide by the law– Promote legislation & policiesPromote legislation & policies– Develop mechanisms to aid women in areas of need Develop mechanisms to aid women in areas of need

in continuing education, on their return to the job in continuing education, on their return to the job market, collection of the arrears of maintenance market, collection of the arrears of maintenance payments, preventing abuse against womenpayments, preventing abuse against women

Family-friendly policies in businesses.Family-friendly policies in businesses. Men and women to change family roles.Men and women to change family roles.

Women in Hong Kong

Documents

hong kong council of

women concern groups

sex society shapes gender

certain gender male

hong kongreading

prisons ordinance

hong kong institute

specific sex