When considering fare concession schemes for particular groups of the disabled, it is necessary to consider whether such schemes would discriminate against other disabled people under the Disability Discrimination Ordinance, the Health, Welfare & Food Bureau says.

In a meeting with the Legislative Council subcommittee this afternoon, representatives of people with disabilities called for fare concessions for recipients of the Disability Allowance and Comprehensive Social Security Assistance with 100% loss of earning capacity.

However, the bureau said it had sought legal advice from the Equal Opportunities Commission, the Department of Justice and the Legislative Council Secretariat's Legal Service Division, and all considered that the offer of a fare concession to a particular group of people with disabilities would risk legal challenges from those excluded.

The Rehabilitation Advisory Committee noted the circumstances of the case and proposed to offer concessions to people with disabilities who required carers to travel with them on public transport, as it would probably meet the "special measures" provision and was less likely to contravene the ordinance. The committee considered it a more acceptable option for public transport operators.

On the subcommittee's request to consider legislative amendments to avoid possible legal challenges, the bureau said it would consider the proposal, and would work closely with the Equal Opportunities Commission to ensure that any amendments would not affect the protection provided to people with disabilities under the Disability Discrimination Ordinance.

The bureau reiterated the Administration now provided point-to-point Rehabus services to meet their basic transport needs, and it was pursuing the introduction of accessible taxis for wheelchair users. In terms of financial assistance, the Disability Allowance and Comprehensive Social Security Assistance were already offered.

As regards public transport facilities, the Environment, Transport & Works Bureau and the Transport Department actively encourage public transport operators to improve the accessibility of their facilities and to provide concessionary fares, having regard to their financial position and operating environment.