Hong Kong

Hong Kong

Region: Asia

Disability Definition

Disability means— (a)total or partial loss of the person’s bodily or mental functions; (b)total or partial loss of a part of the person’s body; (c)the presence in the body of organisms causing disease or illness; (d)the presence in the body of organisms capable of causing disease or illness; (e)the malfunction, malformation or disfigurement of a part of the person’s body; (f)a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or (g)a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour, and includes a disability that— (i)presently exists; (ii)previously existed but no longer exists; (iii)may exist in the future; or (iv)is imputed to a person.

Legislation

“The Disability Discrimination Ordinance makes it unlawful to discriminate against disabled people. It is unlawful for a person (the employer), in relation to employment by him at an establishment in Hong Kong, to discriminate against another person with a disability—
(a)in the arrangements the employer makes for the purpose of determining who should be offered that employment;
(b)in the terms on which the employer offers that other person that employment; or
(c)by refusing or deliberately omitting to offer that other person that employment.”

Ordinance on Disability, c. 487 (1990)

Disability Discrimination Ordinance (1995)

On 31 AUG 2008, the UN Convention on the RIghts of Persons with Disabilities was votes to apply by China unto Hong Kong. “In accordance with the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China and the Basic Law of the Macao Special Administrative Region of the People’s Republic of China, the Government of the People’s Republic of China decides that the Convention shall apply to the Hong Kong Special Administrative Region and the Macao Special Administrative Region of the People’s Republic of China.

Employer Legal Requirements

There is no quota system in place.
“THe employer may inquire about disabilty status during Application stage, After offer and After employment commences::

  • yes, assuming all relevant PDPO requirements are complied with (includes giving the individual concerned a personal information collection statement).
  • personal data concerning the health condition of an applicant may be collected by means of a pre-employment medical examination if the data directly relates to the inherent requirements of the job, and employment is conditional upon the fulfilment of the medical examination. However, only collect such data after a conditional offer of employment has been made.

The collected information is potentially “”personal data”” for the purposes of Personal Data (Privacy) Ordinance (“”PDPO””). Therefore, the company must comply with all PDPO requirements related to the collection, use, retention and handling etc of personal data. Some broad data privacy principles are as follows:

  • The personal data must be collected in a lawful and fair way for a purpose directly related to a function /activity of the company, and should be necessary but not excessive”

Accessibility Requirements

Since 1999, the Government has promulgated accessibility guidelines and best practices for the design of government websites. The guidelines are also available to the public as a reference for making their websites accessible. The latest version of the guidelines is available here.  

The Disability Discrimination Ordinance (Cap 487) has created a legal duty for organisations to ensure their services are available to everyone regardless of disability. This principle is applicable to information and services provided through websites.

Cultural Norms

Society expects the social security system to act as a safety net for people with disabilities with nearly 80 percent of people with disabilities in the system.

In Hong Kong, the government has yet to show its determination in hiring people with disabilities. For years, for example, the number in the civil service has remained at a low 2 per cent.

Business Practices/Examples

Additional content coming soon.

Insights

7.4 per cent (499,400) of the overall population has a disability.

With approximately 39.1% of individuals with disabilities working, there is a significant employment gap with non-disabled individuals.

Supplier Diversity

Certification is in place for women-owned business enterprises (WeConnect).

Talent Sourcing Resources

Established in 1970, the Hong Kong Disabled Youth Association (HKCA) is a government-registered charity that is managed and decided by people with disabilities. The Employment Service Centre is one of the main services of the Association. The Centre provides comprehensive services through a wide range of services including employment counselling, competency assessment, skills training, job matching, production line work, order referral, work teams and self-employment support services. THere is also an EMPLOYER match service.

The Selective Placement Division of the Labour Dept. The Selective Placement Division of the Labour Department was established in July 1980 to provide free recruitment service to employers and free service for open employment to job seekers with disabilities.

Additional Resources