SMOC
Firstly, DEFO’s on the pax fleet are very much in the minority. Even DEFO’s on the freighter are in the minority. You are making the assumption that DEFO’s only joined the company because they could do it on a base. That is certainly true for some but there are many that joined based on the fact that once they served their required time on the base could come to Hong Kong on full expat T&C’s. They wouldn’t have joined if this wasn’t the case. Just because they signed a based contract when they first joined is also irrelevant as they sign a new contract once they come to HK and the RDO takes this into account
Now getting on to what is currently happening with those that were in the hold file for DESO for the last two years. Two years ago they would have joined on expat T&C’s because they were deemed to be bringing to HK skills and experience that weren’t readily available here in HK yet today they are being offered local T&C’s because the company has chosen to, in my opinion, deliberately misinterpret the RDO to suit their own financial gain. Section 13 clearly states that expat T&C’s can still be paid to expats if they bring skills and experience to HK that isn’t readily available here.
It's called a racial discrimination ordinance but it's probably better to call it a skills discrimination ordinance.
I strongly disagree. The first paragraph in the RDO clearly states its purpose and that is to stamp out discrimination on the grounds of race. Cadets in the past were employed on their right to live in HK, not on their race as is clearly evident by the fact that a lot of cadets weren’t HK Chinese. They were employed on local terms based on their employment stream and the RDO makes no mention of this, therefore in my opinion is irrelevant.
An Ordinance to render discrimination, harassment and vilification, on the ground of race, unlawful; to prohibit serious vilification of persons on that ground; to extend the jurisdiction of the Equal Opportunities Commission to include such unlawful acts; to confer on the Commission the function of eliminating such discrimination, harassment and vilification and promoting equality and harmony between people of different races; to amend certain definitions, and the provisions on discrimination against contract workers, in existing anti-discrimination legislation as well as the provision on unlawful sexual harassment by creating a hostile or intimidating environment in the Sex Discrimination Ordinance for alignment with corresponding provisions in this Ordinance; to make other consequential and related amendments to enactments; and for related purposes.