Status of Ethnic Minorities in Hong Kong 1997 -2014 Centre for Comparative and Public Law Status of Ethnic Minorities In Hong Kong 1997 – 2014 Puja Kapai Associate Professor Director, Centre for Comparative and Public Law Faculty of Law, The University of Hong Kong Faculty of Law The University of Hong Kong 2015 Published in 2015 by the Faculty of Law, The University of Hong Kong All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written consent of the author or publisher, except for brief quotations accordingly attributed. © Puja Kapai Table of Contents TABLE OF CONTENTS Acknowledgements Foreword Introduction The Rights of Ethnic Minorities Under the Law: Equality and Non-Discrimination Key Demographic Data Chapter 1: Perceptions and Self-Perceptions Chapter 2: Language, Integration, Identity, and Belonging Chapter 3: The Education of Ethnic Minorities Chapter 4: The Employment of Ethnic Minorities Chapter 5: Poverty and Social Welfare Chapter 6: Marriage, Family and Domestic Violence Chapter 7: Healthcare Needs of Ethnic Minorities Chapter 8: Crime and Law Enforcement Key Observations & Recommendations Bibliography Acknowledgements ACKNOWLEDGEMENTS The Status of Ethnic Minorities in Hong Kong 1997-2014 project would not have been possible without a number of people. Many thanks to each of the following: The Zubin Foundation, for funding this research project and for being a collaborative research partner that helped give shape to the project in its final form. Shalini Mahtani, Co-Founder of The Zubin Foundation, and an Editorial Contributor for this Report. She is the person responsible for the project, having originally conceived of the idea in light of the critical data gap that exists in Hong Kong. As Editorial Contributor, Shalini made numerous contributions to all the chapters and I am most grateful for her insights, analysis and mentorship throughout the project. Sandy Wi Shan Chan of The Zubin Foundation, for her administrative support and help on the logistics of the project. Dr. Sherif Elgebeily, Assistant Research Officer at the Centre for Comparative and Public Law, Faculty of Law, the University of Hong Kong who helped compile and design the Report in its final form as a Copy Editor. Student Researchers and Editorial Assistants who spent a tremendous amount of time collecting and compiling a repository of all existing material on ethnic minorities in Hong Kong. They were extremely generous, resourceful and dedicated to this project. The following individuals contributed to the Report in its various stages: Astina Au, LLM (Harvard), PCLL (HKU), LLB (HKU) Kevin Lau Cheuk Kei, PCLL (HKU), LLB (HKU), about to embark on an LLM at Cambridge University Yuen Mei Sharon, PCLL (HKU), LLB (HKU), about to embark on an LLM at Harvard. Kathleen Ka Yiu Lau, LLB (HKU), currently enrolled in Master of Laws at Melbourne University. Arthur Chan, PCLL (HKU), LLB (HKU), for assistance on the Chapter on Language, Integration, Identity and Belonging. Mona Yip, PCLL (HKU), LLB (HKU), for assistance on the Chapter on the Healthcare Needs of Ethnic Minorities in Hong Kong. Vinci Cheung, MStat (HKU), BSc (HKU), for his assistance with coding for SAS to assist with the self-tabulation services at the Census and Statistics Department. Cordelia Yeung, PCLL Candidate (HKU) for assistance with formatting the footnotes throughout this Report. 1 © Puja Kapai All Rights Reserved Acknowledgements Arthur HY Au, LLB (Bristol), MA (UCL), PG Dip Candidate, Fall Research Intern, Center for Comparative and Public Law, for producing various graphs for inclusion in this Report. Joel Lee, Young Researcher, Centre for Comparative and Public Law, Assistant Copy Editor. The following people kindly served as Reviewers for various chapters and I am most grateful for their insightful comments, many of which helped sharpen the content of the chapter to render it more complete and accurate as a representation of the state of existing research in that area: Professor Kerry Kennedy, Research Chair Professor of Curriculum Studies; Director, Centre for Governance and Citizenship at the Hong Kong Institute of Education, Chapter on the Education of Ethnic Minorities in Hong Kong. Che Singh, PhD Candidate, HKU, Chapter on Crime and Law Enforcement. Trisha Tran, section A6 on ethnic minority special education needs children in the Chapter on the Education of Ethnic Minorities in Hong Kong. 2 © Puja Kapai All Rights Reserved Foreword FOREWORD The Status of Ethnic Minorities in Hong Kong, 1997 to 2014’ (“the Report”) is a compilation, synthesis and interpretation of research presently available that covers Hong Kong’s ethnic minorities from the time of the return of Hong Kong to China to the present day. Shockingly, given the long and significant history of ethnic minorities in Hong Kong, this is the first and only research of its kind to date. The idea for this research was born by The Zubin Foundation seeking to understand the issues pertaining to ethnic minorities in Hong Kong only to find that the research was scattered and difficult to locate. With increasing interest in ethnic minorities on the part of the government at a policy and bureau level, civil society NGO’s, schools, foundations, grant makers and employers, it seemed unbelievable that decisions about ethnic minorities and their needs, was not research driven. Based on this, The Zubin Foundation, together with The University of Hong Kong’s Centre for Comparative and Public Law, our research partner, decided to produce this Report. The Report has been funded by The Zubin Foundation together with a kind donation from Purvis and Rusy Shroff. Perhaps what is most unique about this research is that both partners of this research are ethnic minority women who self define as “Hong Kong people”. The recommendations therefore put forward are not only based on theory but also etched in personal and historical experiences. What is clear from this research is that more work must be done to improve the lives of ethnic minorities in Hong Kong, across all spheres of life. Above all we ask for the following: 1. That ethnic minorities themselves become champions for the plight of our communities. We must move away from the “immigrant mentality” and carve a legitimate space for ourselves in dialogue about Hong Kong. This is especially true for the business sector and others in positions of influence, who have traditionally had the ear of government. The discussion must be twofold (a) to assist those in our communities in need and (b) to include our voices in government in sub committees. 2. A review of the term “ethnic minority” which is demeaning, non specific and not inclusive. 3. That the Hong Kong SAR Government (a) sets up a high level multi departmental and multi disciplinary committee on ethnic minorities (b) considers ethnic minorities for positions on government advisory sub committees and (c) consciously includes the history of ethnic minorities in Hong Kong’s history textbooks and government literature on Hong Kong. 4. Funding for research and thinking about ethnic minorities. Through this research we have been delighted at the high level of interest shown in learning more about ethnic minorities. Although there is funding available for projects and interventions there is almost none available for research and thinking. If the plight 1 © Puja Kapai All Rights Reserved Foreword of ethnic minorities is to change in Hong Kong, funding for research and thinking is critical. We look forward to any comments or questions you may have and thank you in advance for your support. Shalini Mahtani, MBE Puja Kapai Co- Founder and Chair, Associate Professor of Law, Director, The Zubin Foundation CCPL, The University of Hong Kong Maternal Great Gandfather Paternal Grandfather settled in Hong settled in Hong Kong in 1911 Kong in 1953 2 © Puja Kapai All Rights Reserved Introduction INTRODUCTION There is a long history of ethnic minorities in Hong Kong, with some families now having been here since the time that the first British Battalion landed in Hong Kong. Indeed, Sikh and Indian members of the British army witnessed the proclamation ceremony at Possession Point where the British flag was hoisted in 1841.1 As members of the British armed forces first and later, as merchants and businessmen who came to be part of Hong Kong’s vibrant entrepot. Collectively, they boast contributions including the founding of the first university in the territory as well as the Hong Kong and Shanghai Banking Corporation and the Star Ferry. When advocates have raised questions about the possibility that Hong Kong is falling foul of its obligations under the Convention for the Elimination of Racial Discrimination (CERD), the government confidently says ‘No.’ As for the incidents we hear about, these are explained away as ‘one-off’ instances of cultural difference, miscommunication or misfortune. However, after decades of raising awareness about Hong Kong’s entrenched racism, it is time for numbers and evidence to speak to the issue. Perhaps this will improve communication between communities and help everyone better understand where ethnic minorities stand relative to the Hong Kong population as a whole. The government has taken a largely education-oriented approach towards addressing discrimination focusing its efforts on the need to eliminate cultural misunderstandings through