Anti-Discrimination Legislation and Gender Equality in Hong Kong: A Philosophical and Jurisprudential Discussion

Abstract

This article discusses the philosophical underpinnings and jurisprudence of the Sex Discrimination Ordinance in Hong Kong. Underlying anti-discrimination legislation is the political value of equality, which is of central importance to a liberal democratic regime. However, a discussion of the jurisprudence of anti-discrimination laws as evolved in western slates shows that it embodies only a limited notion of equal opportunity. Promoting democratic equality in Hong Kong requires substantial policy innovation other than the introduction of anti-discrimination legislation.

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Eliza Wing-yee Lee

Eliza Wing-yee Lee is Assistant Professor at the Department of Government & Public Administration, The Chinese University of Hong Kong.