Composition 6

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Write an essay either for or against the motion that legislation should be enacted to prohibit discrimination against mainland Chinese.

The Race Discrimination Ordinance was gazetted on 18th July, 2008. However, some blamed it for not protecting the interests of the mainland Chinese. This once again stirred up the debate on whether legislation should be enacted to protect the interests of mainland Chinese. For me, it is quite illogical to enact new legislation in today’s Hong Kong. First it would not solve the current problem but stimulate an even more complicating problem. Also, it is practically not feasible. Finally, the existing law and practice are actually able to safeguard the interests of mainland Chinese. It is, instead, the feebleness of the execution that lead to the occurrence of mainland Chinese being discriminated.

Legislation should not be enacted to protect the interests of mainland Chinese because it could not solve but would even worsen the problem. Legislation against any type of discrimination is to achieve a harmonious society in which every one has equal opportunities. Nevertheless, on this issue, legislation would not help on this purpose. Rather than that, it would differentiate the so-called “Hong Kongers” and mainland Chinese. They are originally, literally and obviously one race. Enactment of legislation would convey a message of “Hong Kong people and mainland Chinese are different, which is mistaken. It might even excite the “national thinking” of the radicals. They would probably (abuse) use the legislation as a tool to make a “counter attack”. This sort of anti-discrimination would definitely harm the concert of the society. This consequence possibly brought is unacceptable. Legislation should, therefore, not be enacted.

Enactment of legislation is neither suitable nor feasible on practical aspect. It is crucially important to have a clear definition on “mainland Chinese” so that the legislation could be carried out effectively without (much) controversy. However, it would be found hard to decide the “qualifications” for an individual should conform to be protected by the legislation. For example, should the group “mainland Chinese” only include “new comers”? What if there is a case of a “mainland Chinese” has lived in the territory for over 7 years, which would allow him to be naturalized, should he still be treated as a mainland Chinese? Also, it would be difficult to prove one is responsible for discriminating a mainland Chinese. For its difficulty of execution, legislation against mainland Chinese should not be enacted.

Legislation against mainland Chinese should not be enacted for the currently existing law and practice are sufficient and able to protect the interests of mainland Chinese. The Equal Opportunities Commission is the statutory body in Hong Kong responsible for implementing law against sex, disability, family status and race discrimination. It is comprehensive in safeguarding the interests of mainland Chinese. The problem is that in many cases, discriminated mainland Chinese do not know that they could and have the right to seek help. For this reason, what should be done is not enacting legislation but strengthening the execution and to let everyone know here in Hong Kong equality is shared to all. In addition, the government could do more to improve the situation. For example, as she has been doing all the time, through the mass media, she can promote the sense of equal opportunities. In this case, enactment of legislation is unnecessary.

To conclude, although enacting legislation is apparently the best way against discrimination, it is ineffective, not feasible and unnecessary on the issue of discrimination of mainland Chinese.