Hong+Kong+Mechanisms+for+Achieving+Justice

__The Purpose of this Section:__ I would just like to underline the basic use of this section in the migrants project. This section of the migrants project is to outline the basic anti discrimination laws and anti-vilification laws that exist in Hong Kong to prevent harassment of migrants in Hong Kong along with some other basic mechanisms that are also in place to maintain an excellent reputation in Hong Kong as a world city Below are some of the jobs performed by the [|Hong Kong Immigration Department]: - HKSAR passports - Other travel documents - Visas - Identity cards - The handling of nationality matters
 * __Immigration Department:__**
 * *Controlling the movement of people into and out of the HKSAR
 * *Services for local residents concerning:
 * *The registration of births, deaths and marriages.

[|http://www.immd.gov.hk]

**__Legal Aid:__**
According to the Legal Aid Ordinance, any applicant, whether or not a Hong Kong resident, who passes both the means test and the merits test is eligible for legal aid. [|http://www.lad.gov.hk] for information related to the legal aid ordinance and definitions of legal aid in Hong Kong : http://www.hklii.hk/hk/legis/en/ord/91/

**__Asian Migrant Center:__**
the Asian Migrant Center (AMC), Hong Kong is a Justice Initiative partner institution in the area of Equality and Citizenship. their are three main programs that the AMC runs, these are : AMC is a regional non-profit organization that is based in Hong Kong, and has been recognized since 1989 as a non-government organization, formally being registered in the Hong Kong government in December 1991. The focus of the AMC is for Asian migrants, to better the migrant’s rights in Hong Kong, and the advancement of social justice. They provide the means for the migrant’s family to move towards social participation. http://www.asian-migrants.org/
 * 1) Information, Research and Publishing (IRP);
 * 2) Migrant Empowerment, Reintegration and Alternatives (MERA),
 * 3) Public Education, Networking and Advocacy (PENA).

as of yet Hong Kong’s legal system lacks legislation in regards to racial discrimination, but relies on English law to provide protection to migrants and racial minorities. **The Race Relations Act 1976** and **the RRAA Race Relations (Amendment) Act 2000** is said legislation which aims to protect the rights of the immigrants of Britain and thus Hong Kong.
 * __Race relations legislation__**

__**International Covenant on Economic, Social and Cultural Rights:**__ For the time being without the racetial discrimination bill in hong kong we use the International Covenant on Economic, Social and Cultural Rights as a basis for all claims for racial discrimination. this treaty outlines in article two that "The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status." http://www.ohchr.org/english/law/cescr.htm

__Hong Kong: The Racial Discrimination Bill__:
the racial discrimination bill to be made in Hong Kong will include sections that protect against:
 * Discrimination on the basis of race
 * Racial discrimination on the basis of a near relation
 * Discrimination by way of victimization
 * Racial harassment

And also provides information
 * Meaning of "race", "on the ground of race", "racial group" and comparison of cases of persons or different racial groups.
 * Act done for racial and other reason
 * Discrimination against applicants and employees
 * Exceptions for genuine occupational qualification
 * Exception for employment intended to provide training and skills to be exercised outside the Hong Kong
 * Exception for employment of person with special skills, knowledge or experience
 * Exemption for existing employment under local overseas terms of employment
 * Discrimination against contract workers
 * Meaning of employment and establishment in Hong Kong
 * Harassment of employees

Rani, who is Pakistani, has lived in Hong Kong for more then 30 years. After working in an international bank, she had difficulty finding a job in Hong Kong. She tried to find a job working in kindergartens, but this task became exceedingly difficult.
 * __Case study:__ __racial discrimination in the search for work.__**

The first instance of this difficulty was when she applied for a job in an English kindergarten. She was accepted at first, however, the kindergarten soon found that, because Rani was traditional Muslim; she only wears her traditional clothing. The kindergarten then said that she had to wear a skirt to work as a kindergarten teacher. it is not Rani’s tradition to wear a skirt and so Rani couldn't do that. She wasn't able to receive the job.

Another instance of discrimination based on race is when Rani saw an advertisement looking for a "native English speaker" in her local newspaper. Upon calling the employer, there seemed to be nothing wrong, and she was invited for an interview. When she arrived, however, it was a different story. The employer accused her of not being a native speaker, to which she replied "yes, I am". The employer didn't consider her to be a native English speaker even though she spoke fluent perfect English. The only reason she didn't get the job was because she was of Pakistani decent. http://www.amrc.org.hk/5301.htm