1. Topic 5: Discrimination
CHI 114
(Updated on April 11, 2008)

2. Case studies [1]
（中央社記者吳 協昌曼谷三日專電）一名泰國同性戀 者指控美國
人壽公司以他是同性戀 者為由，拒絕 他購買壽險，並向泰國憲法
會議提起申訴，不 過美國人壽強調，絕 無歧 視同性戀 者，只是個
案考量 。
泰國「民族報」報導，泰國男同性戀 政團主席納提表示，他在個
星期與美國人壽的經紀人帕查拉 討論 購買壽險事宜時，帕查拉 打
電話向美國人壽確認，但隨後就以他是同性戀 者為由，不 合乎美
國人壽的條件，拒絕 納提購買壽險的要求。
納提強調，美國人壽的作法，已經違反了 新憲法對人權的保障，
因為根據帕查拉 的說 法，美國人壽的政策是拒絕 同性戀 者的投保
，而在向憲法會議提出申訴之後，憲法會議也將審視這件案子。
Source: http://tw.news.yahoo.com/article/url/d/a/071103/5/nje6.html, downloaded
on November 3, 2007.
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CHI114/T5/Dr. Wong

3. Case studies [2]
當道格拉 斯 · 李 打算在成都找份 英語教員的工作時，對于潛在
的雇主而言，他似乎跟任何一個美國人沒什 麼差別。他在美國
俄克拉 何馬州長大，喜歡聽爵士樂 ，是美國電影導演伍迪 · 艾
倫 的忠實粉絲。
但當他把照片遞上去後，這位畢業于聖迭戈州立 大學的 26 歲 小
夥子就發現，自己求職有個大問題：長得太像中國人。他找了
兩 個月的工作，遭到七個雇主的拒絕 。李說 ，沒有其他原因，
就因為他是美籍華人。最後，他只好在成都莫爾海德 ESL 學校
當了 一名行 政人員。……
Source: http://big5.xinhuanet.com/gate/big5/news.xinhuanet.com/ overseas/200711/03/content_7003045.htm, downloaded on November 3, 2007
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4. Case studies [3]
Questions:
1. What kind of discrimination that both figures
faced, as mentioned in Cases 1 and 2?
2. How were they discriminated?
3. Do you think such discrimination are sensible
and reasonable?
4. If you were one of them, what would you feel?
Would you take actions for change?
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5. Concepts
1.
Prejudice [ 偏見 ]: an adverse judgment or opinion
formed beforehand or without knowledge or
examination of the facts

1.
Discrimination [ 歧 視 ]: actions, behavior, or
treatment based on prejudice. E.g.,


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e.g., the Blacks are dirty and slavery, the Whites are
superior and cleverest, the Yellows are diligent and
obedient
Positive discrimination: Some people (e.g., the yellows)
behave very politely and humbly when they see the whites.
Negative discrimination: Some Hong Kong people
addressed those people coming from mainland China as
Uncle [ 表叔 ]/First Cousin [ 表姐 ] in the 1980s and 1990s
CHI114/T5/Dr. Wong
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6. Factors [1]
1. Influence of tradition

The division of superiority/
inferiority in terms of different
aspects (e.g., races, level of
civilization). E.g.,


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Traditional China: the Chinese
regarded themselves as the most
civilized race. Those living outside
China were barbarians who were less
civilized.
19th century: “the White Man’s
Burden” means whites changed the
childlike non-European cultures
CHI114/T5/Dr. Wong
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7. Factors [2]
2. Psychological need of individuals to belong to a
particular, identifiable group

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E.g., A homosexual/bisexual man pretends to have a girl
friend / to hate the gays intentionally in front of his friends
and relatives in order to show that he is a “normal” man.
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8. Factors [3]
3. Building up of the ego by cultivating a
feeling of superiority

E.g., Some men practice gymnasium and
build muscle order to show their masculine
[ 男子氣慨 ], including force and solidarity.
4. Usefulness of prejudice as an economic
and political weapon

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E.g., Under Hitler’s Germany, the Jews [ 猶
太人 ] were prosecuted as traitors in order to
make a deliberate and systematic destruction
of the Jews (Genocide 種族滅絕 ).
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9. Minority [ 少數 ]


If various groups were different but essentially equal,
prejudice and discrimination probably would not be a
central concern. But as the case with social and economic
stratification, racial and ethnic groups are not viewed
equally
Minorities are groups of people singled out for unequal
negative treatment, and who regard themselves as objects
of collective discrimination


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Dominant groups are groups of people singled out for positive
treatment (i.e., privileges, having the vested interest).
The term “majority” may not be appropriate because such groups
may be a minority (e.g., whites in South Africa)
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10. Gender discrimination [1]
1.
Women are some ways
subordinated to men

1.
Women are not allowed to do things
because they are perceived as the
weaker sex

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e.g., wives are subordinated to
husbands in traditional marriage.
Wives are expected to be housewives
instead of being career women
e.g., the prohibition against women
serving in fightings in almost all of the
armed force
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11. Gender discrimination [2]
3.
Men treat women as objects rather than
human beings

4.
Women’s access to job is restricted and
limited

5.
e.g., very few female political leaders in the
world. They find themselves difficult to
access the real power
If women are divorced, they tend to be
treated unequally

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e.g., pornography, advertisement of female
body slimming
e.g., The disturbed gossip blackens and
humiliated the divorced women (She is not
a qualified wife. She is so ugly so that her
husband abandoned her, etc.)
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12. Sexual orientation discrimination
1.
Including lesbians, gays (homosexuals),
bisexuals.

1.
2.
3.
They are forced to hide their own
preference so as to avoid being excluded
In some cases, they are treated impolitely
and rudely with violence and humiliation
The labeling effect of the authorities,
regarded them as “abnormal”, “immoral”
and even “illegal”

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Queers: means 'strange', 'unusual', or 'out of
alignment'.
E.g., religion, government, tradition, schools,
families
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13. Racial discrimination

According to the United Nations Convention on the Elimination of
All Forms of Racial Discrimination,


Any distinction, exclusion, restriction or preference based on race, color,
descent [ 出身 ], or national or ethnic origin which has the purpose or effect
of nullifying [ 抹殺 ] or impairing [ 損害 ] the recognition, enjoyment or
exercise, on an equal footing, of human rights and fundamental freedoms in
the political, economic, social, cultural or any other field of public life.
This definition does not make any difference between prosecutions
based on ethnicity and race, in part because the distinction between
the ethnicity and race remains debatable.


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According to British law, racial group means “any group of people who are
defined by reference to their race, color, nationality (including citizenship) or
ethnic or national origin.”
E.g., Hong Kong Chinese and mainland Chinese are two different ethnicities.
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14. Hong Kong’s Case [1]

According to International Convention on the
Elimination of All Forms of Racial Discrimination [ 消
除一切形式種族歧視國際公約 ],
 each state/party shall prohibit and bring to an end, by all
appropriate means, including legislation as required by
circumstances, racial discrimination by any persons, group
or organization
The colonial government extended the Convention to
Hong Kong in 1969.
 It continues to apply to Hong Kong after 1997

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15. Hong Kong’s Case [2]

According to 2001 Census, 5% (or 344,000) of Hong
Kong’s residents are non-Chinese.



Largest subgroups are of South and Southeast Asian origin.
Most of these belong to the lower socioeconomic level.
Based on ‘Racial Discrimination in Hong Kong
Prevalence and Impact’ by CUHK in 2004, forms of
discrimination were as




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an inability to benefit from their rights (43%),
hatred towards other races (42%),
being ignored (41%),
misunderstanding of others’ cultural traditions (40%).
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16. How discriminated? [1]
1.
Employment



2.
Admission to Facilities


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Majority employed as Foreign domestic workers
1/3 of them worked in elementary occupations (e.g.,
cleaning, domestic workers, waiters)
Encounter difficulties in finding jobs, job interview and
promotion
Huge difficulties in entering private facilities.
Sliding-scale of entrance fees based on color-coding
system, especially in nightclubs and bars
CHI114/T5/Dr. Wong
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17. How discriminated? [2]
3.
Sale/Delivery of goods & services

4.
Accommodation

17
Discrimination occurs mainly in shops, markets and
restaurants: they receive impolite services, and priority
often given to Chinese and Westerners
Reluctant services from property agents and
unwillingness of landlords to rent flats to minorities due
to a stereotype image of being poor and dirty
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18. How discriminated? [3]
5.
Receiving social services


6.
Education


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Discrimination occurs mainly in Labour Department and
in public hospitals
Language barriers, insensitivity of government officials,
and discrimination by community residents limit their
access to social resources.
There are limited school choices and places. The mother
tongue teaching policy has limited the numbers of schools
available for non-Chinese speaking students
Heavy burden of school fees
CHI114/T5/Dr. Wong
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19. Examples:
一名既不懂廣東話，也不懂英文的巴籍主婦 Narzeen
懊悔地憶述：『如果我能明白醫生說什麼；如果我看
得懂那些指引，我便不會讓我 4 歲的兒子吃藥過
量！』
 62 歲的尼泊爾婦女 Rana 太太曾在工作時突然遇上交
通意外，並由於語言障礙差點失掉索償權利。她憶述
：『沒有人用尼泊爾語向我講解過索償程序，我也不
知道勞工署會寄兩封信給我。即使我知道，我也看不
懂英文信件。』
(Source: http://hkcs.org/news/press/2007press/
press20070303.htm, accessed on April 10, 2008)

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20. Measures [1]
1. Bill of Rights Ordinance [ 人權法案條例 ]


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Applied to Hong Kong since 1991
Under Article 22: prohibits the Government and all public
authorities, and any person acting on behalf of the
Government or a public authority, from engaging in practices
that entail racial discrimination.
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21. Measures [2]
2. Public education





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An Equal Opportunities Funding Scheme [ 平等機會資助計
劃 ] which the government sponsors NGOs and grassroots
organizations annually, to disseminate the message through
community projects: Leaflets, poster campaigns, and school
talks.
In June 2002, the Committee on the Promotion of Racial
Harmony [ 促進種族和諧委員會 ] was established by
the Secretary for Home Affairs [ 民政事務局常任秘書 ].
Initiation of promotional and educational measures and activities.
The Race Relations Unit [ 種族關係組 ] established, as
secretariat of the committee.
Hotline, radio programs in minority languages and
thematic Sunday cultural program.
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22. Measures [3]
3. School education



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After-school support and self-help team.
Inclusion of non-Chinese speaking students policy by the
Education Bureau introduced to public.
Language classes and service guidebooks provided
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23. Measures [4]
4. Employment



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Same rights and benefits under the labor laws as local
citizens
“Code of Practice Against Discrimination in Employment on
the Ground of Race” [ 消除種族歧視的僱傭實務守則 ] was
issued in 1998 to encourage employers to apply consistent
criteria through out the employment process.
Youth Pre-employment Programme [ 青少年職前培訓 ] and
the Young Ambassador Scheme [ 青少年大使計劃 ]
CHI114/T5/Dr. Wong
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24. Measures [5]
5. Social services


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All eligible Hong Kong residents have access to welfare
benefits, under the Bill of Rights and Article 36 of the Basic
Law.
Social Welfare Department is responsible to provide a wide
range of services include childcare, community support, and so
forth to help all ethnic minorities and other citizens.
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25. Measures [6]
6. Legislation




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Hong Kong has an obligation to legislate under International Convention
on the Elimination of All Forms of Racial Discrimination (ICERD 消除
一切形式種族歧視國際公約 )
No legislation that prohibits all forms of racial discrimination on the part
of private individuals or organizations at present
In 2003, the Home Affairs Bureau announced plan of legislation and
drafted on consultation paper.
A Consultation Paper entitled ‘Legislating Against Racial
Discrimination’ [ 種族歧視草案 ] was introduced to public in
September 2004. First reading in the Legislative Council was done on
December 13, 2006.
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26. Reflection…

Do you agree that the present measures have been
effective in curbing racial/ethnical discrimination in
Hong Kong?
1.
2.
3.
4.
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Are measures adequate to stop and prevent
discrimination?
Law enforcement? The power of punishing those people
who have made discrimination?
Education (school and public, like mass media ones) is
sound and meaningful?
Behavioral, language and cultural changes towards those
who are regarded as “different”?
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27. References
http://www.hkhrm.org.hk/ (Hong Kong Human Rights
Monitor)
 http://www.eoc.org.hk/eoc/GraphicsFolder/default.asp
x (Equal Opportunities Commission)
 http://hkpoverty.oxfam.org.hk/issue3/issue3_eng/issu
e3_eng.htm (Ethnic minority and social exclusion in
Hong Kong)
 http://www.un.org/rights/ (Human rights, the United
Nations)

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