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The Equal Opportunities Commission (EOC), established in 1996, investigates and seeks to resolve disputes arising in connection with Hong Kong’s anti-discrimination ordinances. Its complaint-handling process involves recourse to conciliation, investigation and litigation. The EOC thus provides a hybrid multi-tier dispute resolution service. If conciliation fails, the EOC may investigate and eventually assist a person to pursue in court a complaint which is thought to merit further action. This chapter asks how the EOC can maintain neutrality and confidentiality when discharging its respective functions of conciliator, investigator and litigator in the same matter, without becoming entangled in actual or potential conflicts of interest. It examins how similar institutions in the United States, the United Kingdom and elsewhere have sought (or not) to resolve the tension in their roles when handling discrimination complaints. It then discusses recommendations and their underlying rationale for reconciling the EOC’s seemingly conflicting roles, in order to effectively resolve discrimination complaints and bridge the long-standing gap in public perception.
This chapter gives an overview of remedial mechanisms associated with administrative law other than those afforded by judicial review, administrative tribunals, the Ombudsman and the Legislative Council Redress System. It provides an introduction to Commissions of Inquiry, including a table of all Commissions of Inquiry conducted in Hong Kong since 1966. An overview is given of the role and work of the Independent Commission Against Corruption (ICAC), and the fight against corruption in Hong Kong. The Equal Opportunities Commission (EOC) is introduced and its main powers and functions set out. An overview is given of the role and powers of the Privacy Commissioner for Personal Data, and also of the Audit Commission.
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