Having listened to the views of many members, I am well aware of the importance they attach to the Equal Opportunities Commission and their concern about the recent incidents. Let me take this opportunity to reiterate the Administration's position in this matter.

The recent incidents hinge upon the EOC, a statutory body that has operated effectively for seven years. As stated in the motion moved by the Honourable Fred Li, our task now is to consider how we can ensure that the EOC continues to operate effectively and maintain its autonomy and credibility.

When the need arises, we shall adopt a holistic approach by incorporating the EOC issue into the current review of advisory and statutory bodies.

Background of the commission

The EOC was set up in May 1996 under the Sex Discrimination Ordinance to eliminate discrimination on the grounds of sex, disability and family status as well as promote equality of opportunities between women and men, persons with and without a disability, et cetera. 

The EOC, which comprises one chairperson and no more than 16 members, is our key partner in promoting equal opportunities and eliminating discrimination. 

We have always attached great importance to the work of and appointments to the commission such that its composition is representative and conducive to performing its tasks.

Secretary's EOC responsibilities outlined

I know that some members consider that the way I handled the recent EOC incident was not entirely satisfactory. I would like to take this opportunity to give an account of my responsibilities as the Secretary for Home Affairs in so far as statutory bodies are concerned and the actions I have taken in the whole incident. 

As Secretary for Home Affairs, I have responsibility in handling the following four EOC-related matters:

* to recommend candidates for the post of chairperson of the EOC for consideration by the Chief Executive;

* to recommend candidates for the posts of members of the EOC for consideration by the Chief Executive;

* to provide adequate funding for the EOC's operation; and

* to consider the EOC's advice relating to three anti-discrimination ordinances, including proposals on legislative amendments.

Apart from these, the Government will not intervene in the work of the EOC, which operates independently with the power conferred upon it by the law.

Former chairperson a good choice

As I said just now, over EOC-related matters, one of my major responsibilities is to recommend candidates for the post of chairperson. In selecting such candidates, we have indeed considered a number of possibilities.

Being a retired Justice of Appeal of the Court of Appeal of the High Court, the former EOC chairperson has a strong legal background. On the recommendation of the justice department, he had been appointed as deputy judge and later the chairman of the Advisory Board on Administrative Appeals Board after his retirement. Therefore we believed that he was the ideal candidate for the EOC chairperson.

We already dealt with the appointment according to the relevant legislation and procedures. I believe members will agree that judicial officers are fair, impartial and of the highest integrity, and are undoubtedly ideal candidates for public officers.

Chief Justice informed of pension request

As it was thought that the discretionary power of approving a retired judge to receive pension at the same time of taking up the EOC chairmanship lay with the Chief Justice, the Chief Justice was therefore informed of the former chairperson's request. The authority was not requesting the Chief Justice to approve the former chairperson's case.

Statutory public organisations usually have a mandate with a high degree of autonomy on a wide range of issues.  If any of the issues is of great concern to the public and the Legislative Council, the Government will take the initiative to look into and follow up the matter.

Task force to follow up situation

As the recent incidents surrounding the EOC have aroused much public concern, I have directed that a task force be set up in the Home Affairs Bureau to closely follow up the situation and report to me as appropriate. 

As to the dispute over the employment contract between the EOC and its former Director (Operations) designate, the bureau wrote to the EOC on October 29, requesting it to submit a report on the matter. The EOC's report had since been submitted to the Legislative Council and individual members' follow-up questions had been passed on to the EOC.

While the Government has taken the initiative to look into the incident, I have to stress that the EOC is an independent statutory body with its power conferred by the law. The original aim of the relevant legislation is to ensure that the EOC operates independently, free from any Government intervention. The Government will not intervene in its internal affairs.

Secretary played non-interventionist role

I know there are comments and queries in the community about the role I played before the resignation of the former EOC chairperson.

The Government has been very concerned about the recent incidents surrounding the EOC. As the policy secretary responsible for the EOC, I have the responsibility to find out the former chairperson's intention, including his decision on whether to stay in office or not because it falls within one of the four areas of my responsibilities relating to the EOC.  And I have done so through two gatherings.  However, I must reiterate that his resignation was his personal decision and we respect his decision.

Although I have made statements at various Legislative Council meetings, I would still like to clarify once more the circumstances in which the resignation statement of the former chairperson was discussed in our meeting on November 5.

Attended meeting to learn former chairperson's position

I attended the private gathering in order to know what the former chairperson had in mind, especially whether he would stay in office or not. When he explicitly indicated that he would consider to resign and began to discuss with a friend his resignation statement, I felt that I should not stay there, hence I left the meeting for some time. 

As I was away for some time, I did not fully know what was discussed. What I heard was obviously related to the EOC's internal affairs.  As far as I am aware, no one was accused or smeared during the discussion. When I returned, the discussion was coming to an end.  I did not take part in any discussion.

In the recent incidents surrounding the EOC, the Administration has maintained a non-interventionist policy. Nevertheless, the Government has the responsibility to keep in view the developments. As the policy secretary responsible for EOC matters, I believe I have duly performed my responsibilities.

Body's credibility rests on its capability, prestige

Many members have expressed their wish to restore the credibility of the EOC. The credibility of the EOC and other statutory bodies hinges on various factors such as their capability, effectiveness and the prestige gained throughout the years. 

Since 1996, the EOC has been establishing its track record. Under the leadership of the past chairpersons and the concerted efforts of its members and staff, the EOC has performed its functions and gained public recognition.

Commission to remain pluralistic, representative

In order to consolidate the independence and credibility of the EOC, the Government will continue to adopt a non-interventionist policy so that the EOC can operate independently and carry out its functions as vested by the law. 

The Government will continue to ensure that the composition of the EOC remains pluralistic and representative, and that it remains adequately funded.

While the recent incidents may have had some impact on how people perceive the EOC, we are grateful that its well-established office has continued capably to carry out its functions.

Although the former chairperson has resigned, the EOC still has 16 members, some of whom have been with the commission since its establishment. 

Will appoint new chairperson expeditiously

Our immediate task is to restore the EOC's full staffing structure. We will try to appoint as soon as possible a new chairperson who is committed to upholding the principle of equal opportunities and has credibility. I believe this is the wish of the Legislative Council as well as the general public. As the Secretary of Home Affairs, I shall endeavour to meet your expectations expeditiously.

I have heard the calls of members and I fully understand members' expectations of the EOC and the importance they attach to its credibility. 

Members think that the success of any organisation depends, to a great extent, on its composition. This, in turn, depends on a proper mechanism governing the appointments of chairpersons and members. This is a reasonable judgement.

Gov't reviewing advisory, statutory bodies' system

Having been in public office for so many years, I share your views. At present, the Government is conducting an overall review of the system of advisory and statutory bodies. The review is multi-faceted, covering the policies on existing advisory and statutory bodies, the rationalisation of the structure as well as ways to enhance their accountability, openness and transparency, et cetera. 

There are nearly 500 advisory and statutory bodies in Hong Kong. The whole system of advisory and statutory bodies is very complicated and multi-faceted, comprising various different advisory committees, public bodies, appeal boards and public corporations, et cetera. 

It is not an easy task to develop a set of policies and principles applicable to all these bodies.

Bodies provide foundation for democratic development

As a key component of a civic society, these advisory and statutory bodies are clear demonstrations of a rational and open community and provide the foundations for democratic development. I hope we can make concerted efforts and draw on collective wisdom to carry out the review by keeping pace with the times. 

Some members have suggested that arrangements be made for the proposed appointee to attend hearings of the Legislative Council and answer questions from members before the appointment of the chairperson of the EOC in future. Some members have also suggested that the EOC be revamped. 

Existing appointment mechanism works well

I hope members will appreciate that the existing mechanism has been in place for years and generally works well. We should take a holistic approach to review the rules and system instead of making hasty reforms in response to isolated appointment problems. 

As the EOC is carrying out important statutory functions, the Chief Executive is empowered by the law for its appointment. Any change in the appointment mechanism may involve legislative amendments, which will require detailed consideration. It is undesirable to single out an individual organisation for a review. 

The recent incidents surrounding the EOC have given rise to a number of issues that call for in-depth deliberation. They include the appointments of chairpersons and members of advisory and statutory bodies, and for statutory bodies with executive functions, whether the posts of chairperson and executive director should be taken up by the same person.

Scope of review to be widened

In order to perfect effective corporate governance, we have to consider whether the policy-making and executive powers of certain statutory bodies should be separated so as to ensure the separation of power and proper coordination of authority and duties. 

So we need to extend the scope of the present review in light of the latest developments. We will complete the review of the system relating to advisory and statutory bodies as soon as possible so that these bodies can operate according to a mechanism that better meets the needs of the society.

LegCo urged to be forward looking

Madam President and members, "By every experience a person increases his knowledge". As a policy secretary, I constantly review the matters that fall within my portfolio and have gained experience through this incident. 

I also believe that there is always a better way of doing everything. I hope members will agree that for now, it is most important to be forward looking. 

Finally, I would like to thank the Honourable Fred LI for moving this motion and members for their concern about the EOC. I would also like to extend my appreciation to the Legislative Council for monitoring and evaluating the performance of duties by the Government and me. 

I hope we can work together to perfect the system of Hong Kong so that it remains an open and rational society. 

Secretary for Home Affairs Dr Patrick Ho delivered the speech at the Legislative Council on November 26, 2003.