Women in Hong Kong

1. Women in Hong Kong • Reading: • Cheung, Fanny M. and Chung, Priscilla, The Equal Opportunities Commission and the Women’s Commission: Central Mechanisms for Advancing Women’s Status Occasional Paper # 168 March 2006, Hong Kong Institute of Asia-Pacific Studies, The Chinese University of Hong Kong.

2. Women in Hong Kong Introduction Empowerment of Women Social Empowerment Legislative Empowerment Educational Empowerment Economic Empowerment Political Empowerment Equal Opportunities for Women

3. Women in Hong Kong (2) • United Nations and Hong Kong • HK Government Report, 1998 • NGO Reports • UN Concerns • HK Government Report, 2004 • NGO Reports • UN Concerns • Women’s Political Participation since CEDAW • Necessary for Women to Gain Equality • Reference

4. Introduction In Chinese, there is only one term for Sex and Gender : 性別 In ordinary life we differentiate between ‘sex’ and ‘gender’. Sex: Sex is biological. It is what we are born as – male or female. We are born with the hormones and the reproductive functions of that specific sex. It identifies the biological differences between male and female. It is relatively fixed. 4

5. Introduction (2) What is Gender? While you are born with ‘sex’ society shapes ‘gender’. Society identifies what a certain Gender – male or female is supposed to be and ought to do. Gender is social and cultural and is flexible. Therefore, we have Gender Stereotypes. Gender stereotypes limit human potential, reduce individual capacity What gender stereotypes can you think of ? How do gender stereotypes limit human potential and reduce individual capacity? 5

6. Empowerment of Women: Social Empowerment The empowerment of women in Hong Kong came through a combination of social action and legislation. Social Action: Establishment of Non-Governmental Groups (NGOs), such as: Hong Kong Council of Women (1947) and other Women Concern Groups. Family Planning Association (1950). Association for the Advancement of Feminism (1984) (76 groups registered in early 2000s).

7. Empowerment of Women: Legislative Empowerment Females detained under a woman’s care: Juvenile Offenders Ordinance (1933). Care of pregnant prisoners & facilities for children: Prisons Ordinance (1954). Monogamous Marriages and Right to Inheritance: Marriage Reform Ordinance (1970). Sons and daughters have equal rights of inheritance: Intestates Estates Ordinance (1971). Woman can hold property, sue & be sued: Married Persons Status Ordinance (1971): Both parties can petition for divorce: Matrimonial Causes Ordinance (1972). Restraining orders against abusive spouses: Domestic Violence Ordinance (1986).

8. Empowerment of Women: Educational Empowerment 6 Years of free compulsory primary education beginning in 1971. Enabled girls to begin schooling. Lowered female illiteracy. 3 years of free compulsory secondary education (1978) –secondary 3 (Form III). Additional 3 years of free compulsory secondary Education beginning 2008 – first graduation class in 2012 (commence 4 year university education). 8

9. Empowerment of Women: Economic Empowerment Government amended its own policy entitling women to equal pay in civil service (1981). 10 weeks of maternity leave with 2/3 pay: Employment (Amendment) Ordinance (1981). 9

10. Empowerment of Women: Political Empowerment Mrs. Joyce Symons appointed to Legislature (1972) and to Executive Council (ExCo) (1976) Five women elected to District Boards (1982). Mrs. Anson Chan named Secretary of Economic Services (1987). Mrs. Helen Ho appointed District Court judge (1986). Six women elected to the Legislature (LegCo) (1991). Mrs. Anson Chan named Chief Secretary (1993). 10

11. Equal Opportunities for Women Social Action cannot be successful without legislation. New Territories women’s groups met with OMELCO (present day LegCo) to urge government to set up a central committee to look after women’s issues (1989). Coalition of women’s groups pressed for a working party to develop policies for women (1991). Government concluded there was no discrimination against women in HK (1991) LegCo set up an Ad Hoc group to study the need for a Women’s Commission in HK (chaired by Emily Lau). Ad hoc group in LegCo recommended establishment of Women’s Commission (1991) similar to that in other nations. 11

12. Equal Opportunities for Women (2) LegCo moved to extend the Convention for the Elimination of All Discrimination Against Women (CEDAW) to Hong Kong (1992). Equal Opportunities bill was proposed by Anna Wu Hung-yuk in LegCo prohibiting all forms of discrimination (1993). The bill was voted down. 14 women’s and community groups campaigned for the establishment of a women’s commission by the government with a rally on March 8 led by Fanny Cheung. Government denied problems of sex discrimination (1993) in its Green paper on equal opportunities. 12

13. Equal Opportunities for Women (3) • To prepare for the return of Hong Kong to China and to comply with the obligations of China to the United Nations under CEDAW, the Hong Kong Government proposed and the Legislature passed the following bills to prohibit discrimination. • Sex Discrimination Ordinance (SDO) in 1995. • The enactment of the Family Status Discrimination Ordinance (FSDO). • The establishment of the Equal Opportunities Commission (EOC) under the SDO. 13

14. Equal Opportunities for Women (4) • Sex Discrimination Ordinance (SDO) in 1995. • Prohibits discrimination on the basis of sex, marital status, pregnancy in work, accommodation, education, the provision of goods, facilities and services, the activities of clubs and the administration of Commonwealth laws and programs. It also prohibits sexual harassment in areas of public activity. • Family Status Discrimination (FSDO): • Prohibits discrimination involving employment, treatment or dismissal of employees with family. Responsibilities. • Equal Opportunities Commission (EOC): • Those who feel discriminated against can lodge complaints with the EOC who is then obligated to investigate into the complaint and if discrimination might have occurred to try and conciliate with the parties. 14

15. Equal Opportunities for Women (5) • Discrimination is only unlawful if the condition is included under the law. If there is an exception or if it is not mentioned, then the act is not unlawful. • What is sex discrimination under the law? • Direct discrimination: • A person is treated less favorably on the ground of gender than another person under the same circumstances. • Example: women may not be engineers or men may not be hairdressers. • Indirect discrimination: • When a unjustifiable condition is applied equally to both men and women but the percentage of one gender that can meet this condition is smaller. • Example: Only people who can work full time may apply. 15

16. Equal Opportunities for Women (6) Complaints under the SDO 16

17. United Nations and Hong KongHong Kong Government Report, 1998 • CEDAW was extended to Hong Kong on July 1 1997. • Hong Kong submitted its first report in 1998 as part of China’s Combined Third and Fourth Report (Appendix 2). • It was considered by the Committee in February 1999. • It reported on: • The enactment of the Sex Discrimination Ordinance (SDO). • The enactment of the Family Status Discrimination Ordinance (FSDO). • The establishment of the Equal Opportunities Commission (EOC) under the SDO. 17

18. United Nations and Hong KongHong Kong Government Report, 1998NGO Reports • Many non-governmental organizations (NGOs) also sent in Shadow Reports. • The reports expressed dissatisfaction: • That the Government did not consult with the NGOs before submitting the Report. • At the low level of women (18%) being appointed to the Government’s advisory committees. • They wrote of the urgent need for the establishment of a Women’s Commission, within the Government, to develop policy, administer funding, and coordinate government services to implement CEDAW. 18

19. United Nations and Hong KongHong Kong Government Report, 1998NGO Reports (2) • The NGOs asked that the Women’s Commission be a central mechanism, within the Government, reporting directly to the Chief Executive or to the Chief Secretary for Administration. • They said that the Commission should: • Implement and monitor Hong Kong’s obligations under CEDAW by promoting gender equality, and the full participation of women in the economic, social, cultural and political life of Hong Kong. • Involve and support actions by women’s organizations and other partners seeking to advance equality for women by addressing women’s needs.

20. United Nations and Hong KongHong Kong Government Report, 1998NGO Reports (3) • Deal with issues in CEDAW; • Formulate policies on women; • Advise on the impact of Government of all Government policies on women. • Direct funding into areas based on these policies; • Address women’s problems. • Compile gender statistics and analyses. • Be a clearing house on training programs for women.

21. United Nations and Hong KongHong Kong Government Report, 1998NGO Reports (4) • The NGOs had been requesting for the establishment of such a Commission since 1993. • At that time, there were already at least 28 Ministers, 12 Ministries, and over 30 national government offices addressing the needs of women in other countries. • These offices were separate and distinct from other national commissions that were established to promote equal opportunities or human rights. • The Committee on CEDAW, after reviewing Hong Kong’s Report recommended that a Women’s Commission be established (apart from other recommendations). 

22. United Nations and Hong KongHong Kong Government Report, 2004 • In anticipation of having to make another report to the UN, the Government announced the establishment of a Women's Commission (2000: Commission established in 2001). • Its purpose was to serve as a central mechanism to promote the well-being and interests of women in Hong Kong. • It was to play a strategic role in advising Government on policy direction on women issues. • But, rather than reporting to the Chief Executive or to the Chief Secretary, the Government placed it in the Health and Welfare Bureau. 22

23. United Nations and Hong KongHong Kong Government Report, 2004 (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.

24. United Nations and Hong KongHong Kong Government Report, 2004NGO 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.

25. United Nations and Hong KongHong Kong Government Report, 2004NGO 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.

26. United Nations and Hong KongHong Kong Government Report, 2004NGO 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.

27. United Nations and Hong KongHong Kong Government Report, 2004 UN Concerns • The CEDAW Committee identified the following concerns: • Low prosecution rate of domestic violence. • Small House Policy under which only indigenous men, but not indigenous women, are entitled to apply for a permit to build a residence in the New Territories. • Low level of political representation of women – only 25% in advisory bodies; 3 women to 27 men in the Functional Constituencies. • Female foreign domestic workers who may be subject to double discrimination on the basis of their sex and ethnic background – the “Two -Week Rule”, requiring them to leave Hong Kong within two weeks on the expiration of their employment contract or premature termination.

28. Political Participation of women since CEDAW 1998: 18% of membership of advisory committees and 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. 17.9% in 2003 28.6% of Legislative Council. 2007: women held 11 of 60 seats in LegCo (18.3%)

29. Political Participation of women since CEDAW (2) • In 1998: • 20% of district court judges. • 2007: District Court (35.7%) were women • 11% of high court judges; • 2007: High Court (19.4%) were women • All four judges of the Court of Final Appeals are male • 2007: All four judges of the Court of Final Appeals remain male.

30. Political Participation of women since CEDAW (3) • 1998: • 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%). • 2007: Many women have entered into civil service probably due to more women in tertiary education: • 2007: Women held 1/3 of civil service positions.

31. Necessary for Women to Gain Equality Government’s Political Will Equal Opportunities Commission Eliminate discrimination Promote equal opportunities Administer the law Women’s Commission: Ensure government & employers abide by the law Promote legislation & policies Develop mechanisms to aid women in areas of need in continuing education, on their return to the job market, collection of the arrears of maintenance payments, preventing abuse against women Family-friendly policies in businesses. Men and women to change family roles. 31

32. Women’s Needs and Concerns What do you think are the needs and concerns of women in Hong Kong? At home? Distribution of household responsibilities Domestic Violence At the workplace? Employment and Remuneration Discrimination in employment

33. 82% of those who shoulder the major responsibilities of household work are women Except for family expenditure, 60% of house makers do not have personal allowances Employed women spend on average 3 hours on household work Employed men on average spend 1.1 hours on household work Employed men on average spend 0.5 hour longer than their female counterparts in paid work Source: household survey Reference: Women’s concerns at Home: Distribution of household responsibilities

34. Reference:Domestic Violence In 2002, there were 3,034 reported cases of battered spouse. Among the victims, over 90% were women. In 2004, 3,371 cases of spousal abuse were reported. Rate of increase from 2002 to 2004 was In Hong Kong there are four shelters for domestic violence victims. Wai On Home for Women 2343 2255Serene Court 2787 6865Sunrise Court 2890 8330Harmony House 2522 0434

35. Reference:Women’s Needs and Concerns at the Workplace: Employment

36. Reference:Women’s Needs and Concerns at the Workplace: Remuneration