Race Discrimination Complaint (EOC) (Hong Kong)

A Race Discrimination Complaint (EOC) in Hong Kong sets out the grievance raised and the remedy the complainant seeks from the authority.

The Race Discrimination Ordinance (Cap. 602) is one of four anti-discrimination ordinances administered by the EOC, alongside the Sex Discrimination Ordinance (Cap. 480), the Disability Discrimination Ordinance (Cap. 487), and the Family Status Discrimination Ordinance (Cap. 527). Section 8 of Cap. 602 defines direct discrimination: treating a person less favourably on the ground of their race than a person of a different race is or would be treated in the same or comparable circumstances. Section 9 defines indirect discrimination: applying a condition or requirement that has a disproportionately adverse effect on a racial group and cannot be justified. Section 24 of Cap. 602 prohibits racial harassment — unwanted conduct related to race that violates a person's dignity or creates a hostile, degrading, humiliating, or offensive environment. Section 45 prohibits vilification: conduct that incites hatred or contempt against a racial group.

The Equal Opportunities Commission was established under Section 62 of the Sex Discrimination Ordinance (Cap. 480) in 1996 and extended its remit to the Race Discrimination Ordinance (Cap. 602) when that Ordinance came into force in July 2009. The EOC operates the Hong Kong Equal Opportunities Commission Conciliation Service, which handles complaints under all four anti-discrimination ordinances. Conciliation under the RDO is conducted on a without-prejudice basis — statements made during conciliation proceedings are inadmissible in any subsequent District Court proceedings. The EOC also publishes Codes of Practice under Section 66 of Cap. 602 providing practical guidance to employers, service providers, and educational institutions on compliance with the RDO's requirements.

Ethnic minorities in Hong Kong — including Nepalese, Pakistani, Indian, Bangladeshi, Filipino, Indonesian, Thai, and other communities — represent approximately 8–9% of the population and are the primary users of the RDO complaint process. South Asian domestic workers, construction workers, and service industry employees frequently bring employment discrimination complaints to the EOC. The EOC's Race Discrimination Unit provides complaint intake services and legal advice in multiple languages. The District Court has jurisdiction to hear civil claims under Cap. 602 where EOC conciliation fails, and may award damages for injury to feelings, financial loss, and injunctive relief under Section 72 of Cap. 602.

Prior to the RDO's enactment, Hong Kong had no statutory prohibition on race discrimination — a significant gap given the city's diverse population. The RDO was enacted to give effect to Hong Kong's obligations under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), to which China (including Hong Kong) is a party. The ICERD Committee in Geneva periodically reviews Hong Kong's compliance with its treaty obligations, and the EOC submits shadow reports and participates in those UN treaty body review sessions.

A Race Discrimination Complaint in Hong Kong under the Race Discrimination Ordinance (Cap. 602) must be filed with the Equal Opportunities Commission within 24 months of the last discriminatory act under Section 75 of Cap. 602. Filing promptly preserves evidence and confirms the complaint falls within the statutory limitation period.

Workers who experience discrimination in the workplace — whether in recruitment, terms and conditions of employment, training, promotion, assignment of duties, or dismissal — on the ground of their race, colour, descent, or national or ethnic origin should file a complaint with the EOC under Sections 8–11 of Cap. 602. Employment discrimination covers the full employment relationship from the job application stage through to post-employment references.

Employees subjected to racial harassment by a manager, supervisor, or colleague — including racial slurs, racially offensive comments, stereotyping, demeaning treatment based on ethnicity, or exclusion from workplace activities on racial grounds — can file a complaint under Section 24 of Cap. 602. The employer is vicariously liable for harassment by its employees under Section 46 unless it took reasonably practicable steps to prevent the harassment.

Persons denied access to goods, services, facilities, or accommodation by a business, school, or service provider on grounds of race or ethnic origin should file under Sections 30–35 of Cap. 602. Discriminatory treatment in educational institutions falls under Sections 26–29. Discriminatory conditions in tenancy or accommodation arrangements fall under Sections 36–39.

Foreign domestic helpers who experience racial discrimination or harassment from their employers — in addition to Employment Ordinance (Cap. 57) remedies — have the right to file RDO complaints with the EOC. The RDO explicitly covers domestic employment relationships under Section 11 of Cap. 602.

Complaints should be filed even when the complainant is uncertain whether their treatment constitutes unlawful discrimination under Cap. 602. The EOC's Race Discrimination Unit provides free preliminary advice and assesses whether the complaint falls within the RDO's scope. Under Section 75 of Cap. 602, the 24-month limitation period runs from the date of the last discriminatory act — meaning prompt filing preserves the complainant's legal options. Related documents such as the hk-disability-discrimination-complaint and hk-employment-contract may also be relevant where the discrimination intersects with disability status or employment terms.

A complete Race Discrimination Complaint to the Hong Kong Equal Opportunities Commission under Section 63 of the Race Discrimination Ordinance (Cap. 602) must contain the following elements. Forms-legal.com provides a structured template for EOC complaints covering all required information.

Complainant's personal details: Full name, contact address, telephone number, and email address of the person making the complaint. The complainant must also state their racial or ethnic background — colour, descent, or national or ethnic origin — since this is the protected ground under Section 4 of Cap. 602 on which the discrimination is alleged to have occurred.

Respondent's identification: Full legal name and address of the person or organisation against whom the complaint is made. For employment complaints under Section 11 of Cap. 602, this will be the employer company (by registered name and Companies Registry number) and/or the individual harasser. For services complaints under Sections 30–35 of Cap. 602, the service provider's full name and business address must be stated.

Description of discriminatory conduct: A factual, chronological account of what happened — including the date(s), location(s), and specific acts or words constituting the alleged discrimination or harassment. The complaint should identify which category of unlawful conduct is alleged under Cap. 602: direct discrimination (Section 8), indirect discrimination (Section 9), racial harassment (Section 24), or vilification (Section 45), and explain how the conduct was connected to the complainant's race or ethnic origin.

Comparator: Where direct discrimination is alleged under Section 8, the complaint should identify a real or hypothetical comparator of a different race who was or would have been treated more favourably in the same or comparable circumstances. The comparator establishes the 'less favourable treatment' element of the direct discrimination claim.

Field of activity: A statement of which field of activity under Cap. 602 the discrimination occurred in — employment (Sections 8–24), vocational training (Section 25), education (Sections 26–29), provision of goods and services (Sections 30–35), disposal of premises (Sections 36–39), or club membership (Sections 40–42). Areas excluded from Cap. 602's scope — including the Government's immigration and nationality policies — should not be the subject of an RDO complaint.

Timeline and limitation period: The dates of all relevant discriminatory acts and confirmation that the complaint is filed within 24 months of the last act under Section 75 of Cap. 602. Late complaints may require an application to the EOC or District Court for extension of time.

Requested remedy: A statement of the outcome the complainant seeks — compensation for injury to feelings, compensation for quantifiable financial loss (lost earnings, medical expenses), an apology, policy changes, staff training, or other non-monetary remedies — to guide the EOC's conciliation process.

Supporting evidence: Copies of emails, messages, letters, employment records, payslips, photographs, CCTV footage, or other documents corroborating the discriminatory conduct. Witness names and contact details should be provided. The EOC complaint and all supporting evidence are treated as confidential by the Commission under its established procedures.

Related documents: Complainants with employment-related claims should review the hk-employment-contract to assess contractual obligations and compare agreed terms with actual treatment. Where discrimination also involved a disability element, the hk-disability-discrimination-complaint filed concurrently addresses overlapping grounds. Where the discriminatory act constituted incitement to racial hatred under Section 45 of Cap. 602 or victimisation of a complainant under Section 12 of Cap. 602, a separate criminal complaint to the Hong Kong Police Force may also be warranted. The EOC's Race Discrimination Unit hotline and online portal accept intake in English, Cantonese, and languages used by Hong Kong's ethnic minority communities.